10 December 2013 - East Devon District Council

Date: 2 December 2013 

Contact number: (01395) 517544 

E-mail: clane@eastdevon.gov.uk 

Our Reference: Chris Lane 

Your Reference: - 

To: Members of the Licensing & Enforcement Sub-Committee 

(Councillors: Steve Hall, Roger Boote, Bob Buxton) 

Licensing Officer 

Solicitor 

Dear Sir/Madam 

East Devon District Council 

Knowle 

Sidmouth 

Devon 

EX10 8HL 

DX 48705 Sidmouth 

Tel: 01395 516551 

Fax: 01395 517507 

www.eastdevon.gov.uk 

Licensing & Enforcement Sub-Committee, Tuesday 10 December 2013 at 

9.30am 

The Licensing & Enforcement Sub Committee meeting will take place in the Committee 

Room, Knowle, Sidmouth, to consider the matters detailed on this agenda. 

Members of the public are welcome to attend this meeting. A hearing loop system will 

be in operation in the Council Chamber. Due to the requirements of the Licensing Act 

2003 only parties to the hearing are permitted to address the sub-committee (through 

their representative as appropriate). 

A G E N D A 

Page/s 

1. To confirm the minutes of the meetings of the Licensing and Enforcement Sub 

Committee held on 19 November 2013. 

4 - 5 

2. To receive any apologies for absence from Members of the Sub Committee. 

3. To receive any declarations of interests relating to items on the agenda. 

4. To consider any items which in the opinion of the Chairman should be dealt with 

as matters of urgency because of special circumstances. 

(Note: Such circumstances need to be specified in the minutes; any Member 

wishing to raise a matter under this item is requested to notify the Chief 

Executive in advance of the meeting). 

PART A 

MATTERS FOR DECISION 

5. To agree any items to be dealt with after the public 

(including the press) have been excluded. (There are no 

items which the Officers recommend should be dealt with in 

this way). 

Chief Executive: Mark Williams 

Deputy Chief Executive: Richard Cohen 

Deputy Chief Executive and Monitoring Officer: Denise Lyon 

1

PART A 

MATTERS FOR DECISION 

Pages 

6. 

Hackney Carriage Vehicle Suitability Licensing Officer 6 - 9 

7. 

To consider an application for the grant of a time limited 

premises licence - To allow live & recorded music, performance 

of dance, anything similar to live music, recorded music and 

performance of dance, late night refreshment and the supply of 

alcohol on the premises at Salcombe Regis Recreation Field, 

Salcombe Hill Road, Sidmouth. 

Licensing Officer 10-113 

8. 

To consider an application for a variation premises licence Licensing Officer 114-165 

- To extend the existing licensable area to include a previous 

Store area, install double doors and a small patio area at the 

Front of the premises and to amend the wording of two 

Conditions in annexe 2 of the existing premises licence at 

Goa Spice, 5 Tower Street, Exmouth. 

Decision making and equality duties 

The Council will give due regard under the Equality Act 2010 to the equality impact of its 

decisions. 

An appropriate level of analysis of equality issues, assessment of equalities impact and any 

mitigation and/or monitoring of impact will be addressed in committee reports. 

Consultation on major policy changes will take place in line with any legal requirements and 

with what is appropriate and fair for the decisions being taken. 

Members will be expected to give reasons for decisions which demonstrate they have 

addressed equality issues 

Members and co-opted members remember! 

You must declare the nature of any disclosable pecuniary interests. [Under the Localism 

Act 2011, this means the interests of your spouse, or civil partner, a person with whom 

you are living with as husband and wife or a person with whom you are living as if you are 

civil partners]. You must also disclose any personal interest. 

You must disclose your interest in an item whenever it becomes apparent that you have 

an interest in the business being considered. 

Make sure you say what your interest is as this has to be included in the minutes. [For 

example, ‘I have a disclosable pecuniary interest because this planning application is 

made by my husband’s employer’.] 

If your interest is a disclosable pecuniary interest you cannot participate in the discussion, 

cannot vote and must leave the room unless you have obtained a dispensation from the 

Council’s Monitoring Officer or Standards Committee. 

2

Getting to the Meeting – for the benefit of visitors 

Please check your local timetable for times 

The entrance to the Council Offices is located on 

Station Road, Sidmouth. Parking is limited during 

normal working hours but normally easily available 

for evening meetings. 

The following bus service stops outside the 

Council Offices on Station Road: From Exmouth, 

Budleigh, Otterton and Newton Poppleford – 

157 

The following buses all terminate at the Triangle in 

Sidmouth. From the Triangle, walk up Station 

Road until you reach the Council Offices 

(approximately ½ mile). 

From Exeter – 52A, 52B 

From Honiton – 52B 

From Seaton – 52A 

From Ottery St Mary – 379, 387 

The Committee Suite has a separate entrance to the main building, located at the end of the 

visitor and Councillor car park. The rooms are at ground level and easily accessible; there is 

also a toilet for disabled users. 

For a copy of this agenda in large print, please contact the Democratic Services Team 

on 01395 517546 

3

EAST DEVON DISTRICT COUNCIL 

Minutes of a Meeting of the Licensing & 

Enforcement Sub-Committee held at Knowle, 

Sidmouth on Tuesday, 19 November 2013 

Present: 

Also present: 

Officers: 

( 

Councillors: 

Steve Hall (Chairman) 

Jim Knight 

Councillors: 

Bob Buxton 

Steve Gazzard 

Pauline Stott 

Neil McDonald – Licensing Officer 

Chris Lane – Democratic Services Officer 

John Tippin – Licensing Manager 

The meeting started at 11.20 am and ended at 11.25 am. 

*28 Minutes 

The minutes of the meeting of the Licensing and Enforcement Sub-Committee held 

on 15 October 2013, were confirmed and signed as a true record. 

*29 Schedule of applications for Sub Committee approval where an 

agreed position has been reached and all Parties have agreed a 

hearing is unnecessary 

Consideration was given to the report of the Licensing Officer which set out a 

schedule of applications for Sub Committee approval where an agreed position had 

been reached and all parties had agreed that a hearing was unnecessary. 

The Licensing Officer explained the background of the application and the 

negotiations carried out. 

Type of 

Application 

Application 

for a 

premises 

licence to 

be granted 

Name of 

premises and 

address 

The Waterfront 

Pier Head, 

Exmouth, 

Devon, 

EX8 1DU 

Agreed position reached by the parties 

Following mediation the applicant, the Devon 

& Cornwall Constabulary and the Council’s 

Environmental Health Team have agreed that 

they consider a hearing to be unnecessary if 

the following agreed position is approved. 

The application be approved as submitted 

subject to the following amendments and 

conditions: 

1. Withdraw the provision of recorded 

4

Licensing & Enforcement Sub-Committee 19 November 2013 

music from the application. 

2. CCTV must be installed, operated and 

maintained to the satisfaction of the 

Licensing Authority and the Chief Officer 

of Police in accordance with the 

requirements set out in the EDDC 

Licensing Policy. 

3. CCTV images must be retained for a 

minimum of 14 days and to be produced 

on the request of the Police or a 

Licensing Officer of East Devon District 

Council. Recording media must be set 

to 25 frames per second. 

4. The CCTV system must be operational 

at all times whilst the premises are 

trading. If the system is faulty or not 

working then the Police and East Devon 

Licensing Service must be informed 

immediately. Details of the malfunction 

must be recorded in the premises 

incident book. 

5. A4 sized warning notices must be 

displayed in public areas of the premises 

and at all entrances advising that CCTV 

is in operation. The signs located at 

entrances should be located on the 

exterior of the building at, and adjacent 

to, all public access doors. All signs 

must comply with the requirements of 

the Data Protection Act 2002. 

Recommend approval of application subject to the amended 

operating schedule and the relevant mandatory conditions of the 

Licensing Act 2003 

Chairman ……………………………………………………….. Date ………………………. 

5

Agenda Item 6 

Licensing and Enforcement Sub-Committee 

10 December 2012 

D Jackson 

Hackney Carriage Vehicle Suitability 

Summary 

It is the District Council’s policy, 

(1) that on initial licensing as a hackney carriage a vehicle shall not be more than four years 

old from the date of first registration as shown on the registration document and shall not 

normally be licensed in the case of ordinary cars beyond eight years old, and purpose built 

hackney carriages (as so described in the registration document of the vehicle) beyond ten 

years of age. Vehicles of a greater age shall be licensed subject to a satisfactory test 

certificate being obtained every six months. 

Recommendation 

To consider the application to licence a Mercedes 320 coupe registration number 

BP06 KRF as a hackney carriage vehicle that falls outside of the criteria as required 

by the East Devon District Council and determine whether to make an exception to 

the District Council’s policy and agree to licence the vehicle or refuse the 

application. 

a) Reasons for Recommendation 

To ensure that vehicles licensed with this authority meet a high standard of passenger 

safety and comfort. 

b) Alternative Options 

To refuse the application, or to make an exception to the policy and grant the application 

to licence the vehicle as a Hackney Carriage vehicle. 

c) Risk Considerations 

If this application is refused, an applicant whose application is refused has a right to 

appeal within 21 days to a Crown Court. 

d) Policy and Budgetary Considerations 

The Policy implications are set out in the report. As far as budgetary considerations are 

concerned if there is an appeal and the Council loses, there may be a financial 

implication as to costs/compensation etc to be paid by the Council. 

e) Date for Review of Decision 

None. 

Main Body of the Report 

6

1.1 The licensing of hackney carriages is the responsibility of the local authority and is 

governed mainly by legislation under the Town Police Clauses Act 1847 and the 

Local Government (Miscellaneous Provisions) Act 1976. 

1.2 Section 47 Local Government (Miscellaneous Provisions) Act 1976 states that 

(a) A district council may attach to the grant of a licence of a hackney carriage 

under the Act of 1847 such conditions as the district council may consider 

reasonably necessary, and 

(b) Without prejudice to the generality of the foregoing subsection a district council 

may require any hackney carriage licensed by them under the Act of 1847 to 

be of such design or appearance or bear any distinguishing marks as shall 

clearly identify it as a hackney carriage. 

1.3 In March 1994 the Tourism and Transportation Committee agreed to consolidate 

the terms and conditions of hackney and private hire licensing requirements in a 

booklet which should be made available to existing and potential hackney carriage 

drivers and owners. Part of the terms and conditions were that 

(a) On initial licensing, as a hackney carriage a vehicle shall not be more than four 

years old from the date of first registration as shown in the registration 

document. 

1.4 On 15 November 2013 Mr Alexandru Dragan, a licensed hackney carriage driver 

with this authority made an application to the District Council to licence a Mercedes 

Saloon registered number BP06 KRF this vehicle was registered on 01.08.2006 

making it approx. Seven years and four months old. In support of this application 

the following documentation was produced, a valid MOT Test Certificate dated 6 

June 2013 and a current registration document for the vehicle. 

1.5 The vehicle is described in the registration document as a diesel Mercedes CLS 

320 Coupe with a cylinder capacity of 2987 cc. 

1.6 Mr Dragan is currently employed as a hackney carriage driver for a local hackney 

carriage operator, but he would like to operate a hackney carriage for himself, in the 

east Devon area. He has been a licensed hackney carriage driver with this authority 

since 1 November 2008 

1.7 The Mercedes 320 the subject of the application, was shown to licensing staff on 14 

November 2013, and the application to licence was made shortly afterward. 

1.8 The vehicle configuration is as follows. The vehicle has a driver’s seat one front 

passenger seat, and two seats in the rear and the request would be for the vehicle 

to be licensed for three fare paying passengers. 

1.9 The recorded mileage on the MOT test certificate dated 6/6/2013 is 60850 miles 

and in his application Mr Dragan says the vehicle has now recorded 66000 miles. 

The mileage it is thought will not be much more that this on the committee day. 

2.0 It is the Licensing Manager’s recommendation that only if members are satisfied 

that there are very exceptional reasons for doing so should this application be 

granted. 

. 

2.1 The vehicle will be produced by the applicant at the Council 

Offices on the day of the hearing to enable Members to inspect 

the vehicle if they wish to do so. 

7

3.0 Conclusion 

The application today is for a vehicle to be licensed, as a hackney vehicle. The 

vehicle is a Mercedes 320 saloon which does not comply with the EDDC hackney 

carriage licensing conditions in that it is more than four years old, being registered 

on 01.08.2006.If Mr Dragans application to licence the vehicle is granted, the other 

aspects to obtain a licence can be fulfilled, i.e. EDDC compliance test, hackney 

insurance, roof sign, meter etc. can be obtained before licensing it for public hire 

with this authority. The vehicle would not be licensed without these conditions being 

properly completed. 

Legal Implications 

The Legal implications are set out within this report. 

Financial Implications 

The financial implications are contained in the report. 

Appendices 

Appendix A – Letter from Mr Dragan requesting vehicle to be licensed 

Background Papers 

Minutes of Tourism and Transportation Committee dated March 1994 

Hackney Carriage vehicle application dated 14 November 2013 for vehicle BP06 KRF 

Registration Certificate for BP06 KRF 

MOT test certificate for BP06 KRF 

Douglas Jackson Ext. 2611 

Licensing and Enforcement Sub Committee 

Licensing Officer 10 December 2013 

8

Agenda Item 7 

Licensing & Enforcement Sub Committee 

10 December 2013 

NMc 

Application for the grant of a premises licence under the Licensing Act 

2003 

Summary 

The report summarises an application for a premises licence to be granted. 


That members consider an application for the grant of a time limited 

premises licence - To allow live & recorded music, performance of 

dance, anything similar to live music, recorded music and performance 

of dance, late night refreshment and the supply of alcohol on the 

premises at Salcombe Regis Recreation Field, Salcombe Hill Road, 

Sidmouth, Devon. 


To comply with statutory processes. 


To either grant, refuse or modify the application. 


None 


The Council’s Licensing Policy is referred to in the body of the report. There is a 

possibility of the Council having to pay the applicant’s court costs if a successful 

appeal is brought against the decisions made today. 


The council’s decision may be appealed to the Magistrates Court. The Licensing Act 

2003 also contains review provisions. 

1 Description of Application 

1.1 An application has been received from Sidmouth FolkWeek 

Productions Limited of 57 Martin Close, Basingstoke, 

Hampshire, RG21 5JZA for the grant of a time limited premises 

licence for a marquee at Salcombe Regis Recreational Field, 

Salcombe Hill Road, Sidmouth, Devon. 

10

1.2 The timings and licensable activities applied for are produced in table form at 

Appendix A. 

1.3 The application applied for is to licence a marquee during Sidmouth Folk Week 

between the 1 and 8 August 2014 for live music, recorded music, performance of 

dance and anything similar to live music, recorded music and performance of dance 

every day between the hours of 9:30am and 1:30am. To allow the sale of alcohol 

between the hours of 12 midday and 2:00am and the provision of late night 

refreshment between the hours of 11pm and 4am. The opening hours requested is 

7:30am and 4:30am every day. 

1.4 The premises to be licensed is a large marquee laid out with a stage, bar and 

catering area and an open air beer garden and smoking area. The marquee will be 

situated in the Salcombe Regis Recreational Field with a festival camping area in an 

adjoining field. The premises are located in a rural location with residential properties 

situated nearby. 

1.5 A full copy of the application is reproduced at Appendix B. 

1.6 A plan of the premises will be available at the meeting to show the proposed layout of 

the site and the areas of licensable activity. 

2 Statutory Bodies’ Response 

2.1 Devon & Cornwall Constabulary 

No representations have been received. 

2.2 Devon & Somerset Fire & Rescue Service 


2.3 Area Child Protection Committee and Local Safeguarding Children Board 

No representations have been received 

2.4 Devon Trading Standards 


2.5 East Devon District Council, Environmental Health Service 


2.6 East Devon District Council, Planning & Countryside Service 


2.7 Primary Care Trust 


3 Representations and Responses to Notices of Hearing 

3.1 Representations have been received from sixty one residents from the Sidmouth 

area. Details of the representations are attached at Appendix C. 

3.2 At the time of writing this report responses to notice of hearing 

forms have been received from forty two local residents. 

Twenty three have stated that they will not be attending the 

hearing but have indicated that they want the hearing to go 

ahead. Nineteen residents have stated that they want the 

11

hearing to go ahead and will be attending the hearing. One of the residents 

attending the hearing will be representing a management committee and two will 

represent three other objectors. One resident will be represented by a solicitor. 

Nineteen residents have not responded to the notice of hearing. 

3.3 Details of the responses to the statutory Notice of Hearing are attached at 

Appendix D. 

4 Proposed Operating Schedule and Mediation 

4.1 The proposed operating schedule showing the conditions offered by the applicant 

has been reproduced at Appendix E and numbered for ease of reference. 

4.2 A mediation meeting was held at the East Devon District Council Offices on Friday 22 

November 2013 chaired by the Licensing Authority and attended by the applicants 

and twenty five local residents who had made representations. The mediation 

meeting was not successful and no agreement was reached. 

5 Relevant Licensing Policy Considerations 

Licensing Objectives 

5.1 Section 3.1 of the Policy states: ‘The Licensing Authority has a duty under the Act to 

carry out its licensing functions with a view to promoting the four licensing objectives.’ 

These are:- 

The prevention of crime and disorder 

Public safety 

The prevention of public nuisance 

The protection of children from harm 

5.2 Section 3.2 of the policy states: These objectives are the only matters to be taken 

into account in determining the application and any conditions attached must be 

necessary to achieve the licensing objectives. 

5.3 Section 3.3 of the Policy states: A licence will only be granted where the licensing 

authority is satisfied that these objectives have been met. 

5.4 Section 3.4.1 of the Policy lists the kind of measures the licensing authority will be 

expecting to see taken into account to promote the objectives. 

Conditions 

5.5 Section 4 of the policy sets out what the Sub Committee should consider before 

imposing conditions on a licence. 

Licensing Hours 

5.6 Section 6.1 of the Policy states: The licensing authority will deal with the issue of 

licensing hours on the individual merits of each application. When the Authority’s 

discretion is engaged consideration will be given to the individual merits of an 

application but the presumption will be to grant the hours 

requested unless there are objections to those hours raised by 

Responsible Authorities or any other person on the basis of the 

licensing objectives. However, when issuing a licence with 

hours beyond midnight higher standards of control will 

generally need to be included in operating schedules to 

12

promote the licensing objectives especially for premises which are situated near 

residential areas. 

5.7 Section 6.4 of the Policy states: The terminal hours will normally be approved where 

the applicant can show that the proposal would not adversely affect the licensing 

objectives unless, after hearing relevant representation the licensing authority believe 

it necessary, proportionate and reasonable to restrict the hours required. 

Anti Social Behaviour 

5.8 Section 15.1 of the policy states: A minority of consumers will behave badly and 

unlawfully once away from premises, and licence holders’ co-operation is sought in 

minimising this behaviour in the vicinity of premises. The Licensing Authority 

recognises that the Act is not a cure-all for anti-social behaviour. There is a range of 

other strategies for addressing these problems – Details of other strategies are listed 

in the policy. 

Nuisance 

5.9 Section 19.1 of the Policy states: To promote the licensing objectives, applicants for 

licences for licensable activities will be required to demonstrate the measures they 

have in place for the prevention of public nuisance. The impact of the licensable 

activities on people living in the vicinity should not be disproportionate or 

unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious 

smells and litter. The prevention of public nuisance can include low-level nuisance 

affecting a few people living locally as well as a major disturbance affecting the whole 

community. It may also include the prevention of the reduction of the living and 

working amenity and environment of interested parties. 

Capacity 

5.10 Section 20.1 of the Policy states: Where it is considered necessary to control the 

maximum numbers of persons attending premises for the purpose of preventing 

crime and disorder or for public safety the licensing authority will expect this to be 

addressed in the operating schedule. The licensing authority, if relevant 

representations are made and only then if such conditions are deemed necessary, 

proportionate and reasonable, may impose a condition stipulating a maximum 

number of persons permitted to attend premises where it considers it necessary to 

prevent crime and disorder or for public safety purposes. 

5.11 The Guidance issued under Section 182 Licensing Act 2003 states: 

The licensing authority may not impose any conditions unless its discretion has been 

engaged following receipt of relevant representations and it has been satisfied at a 

hearing of the necessity to impose conditions. It may then only impose conditions 

that are appropriate to promote one or more of the four licensing objectives. Such 

conditions must also be expressed in unequivocal and unambiguous terms to avoid 

legal dispute. 

It is perfectly possible that in certain cases, because the test is one of appropriate, 

where there are other legislative provisions which are relevant and must be observed 

by the applicant, no additional conditions at all are needed to 

promote the licensing objectives. 

The Act requires that licensing conditions should be tailored to 

the size, style, characteristics and activities taking place at the 

premises concerned. 

13

Licensing authorities should therefore ensure that any conditions they impose are 

only those which are appropriate for the promotion of the licensing objectives, which 

means that they must not go further than what is needed for that purpose. 

Licensing authorities should only impose conditions which are appropriate and 

proportionate for the promotion for the licensing objectives. If other existing law 

already places certain statutory responsibilities on an employer or operator of 

premises, it cannot be appropriate to impose the same or similar duties. 

6. Observations 

6.1 Following the implementation of the first set of regulations under the Police Reform 

and Social Responsibility Act on 25 April 2012 a new provision relating to the ‘test’ 

that Licensing Committees should consider when deciding on licensing applications 

was introduced. The evidential level for Licensing Committees has been lowered so 

that the test now is that their decisions need only be ‘appropriate’ and no longer 

‘necessary’. 

6.2 The Surveillance Camera Code of Guidance dated June 2013 has recently 

introduced a new guide that Licensing Committees must consider if they wish to 

include the use of CCTV as a condition on a premises licence or club certificate. 

Details of the advice can be found at paragraph 10 under the legal implications 

section at the end of this report. 

6.3 The application being considered is for the grant of a time limited Premises Licence 

to permit: 

Live Music – indoors 

Recorded Music – indoors 

Performance of Dance – indoors 

Anything Similar to Live & Recorded Music and Performance of dance – 

Indoors 

Late Night Refreshment – indoors & outdoors 

Supply of alcohol – on the premises. 

6.4 The Folk Festival has been held at Sidmouth for at least fifty eight years and during 

that time numerous entertainment/event locations around the town have been 

licensed by the organisers for entertainment and the sale of alcohol. Since the 

introduction of the Licensing Act in 2005 the festival organisers have applied for time 

limited premises licences for marquees at the Ham, Blackmore Gardens, Betsys 

Knap and a food sales unit at Bulverton Camp Site. These licences have been 

operated successfully and the conditions attached to them have been refined and 

updated over the years in consultation with the responsible authorities under the 

Licensing Act particularly the Police, Environmental Health Service and the Licensing 

Authority. 

6.5 In October this year Sidmouth Folkweek Productions Ltd applied for the usual time 

limited premises licences around Sidmouth (these have since 

been granted) but also submitted an extra application for a 

marquee at Salcombe Regis Recreational Field with the 

intention that if the licence is granted it will be used in place of 

the licences already granted for Betsys Knap and the 

Bulverton Camp Site. 

14

6.6 The licence at Betsys Knap allows late night entertainment until 1:30am and alcohol 

sales until 2:00am every day during Folk Week with a separate late night refreshment 

licence for a food unit at the nearby Bulverton Camp Site until 4:00am. The licence 

applied for at Salcolmbe Regis is for the same hours and the proposed marquee is 

the same layout as Betsys Knap but is to incorporate the late Night Refreshment in 

the marquee instead of at the campsite. The proposed campsite in the adjoining field 

will not be subject to any licensing application. 

6.7 The main reasons given by the applicants for a move to the proposed new site is that 

the fields are level and better drained than the other site and unlike Bulverton there is 

no road to cross between the late night venue marquee and the campsite. Also the 

festival is competing with other events across the country and this site would provide 

a better facility that is commensurate with their customer expectations and needs. 

6.8 The representations from the sixty one residents relate mainly to concerns that the 

location of the proposed venue and campsite is inappropriate due to poor vehicular 

access and narrow roads. This could cause a danger to both vehicles and 

pedestrians’ using the road particularly during the hours of darkness as the route 

between the town and venue is not well lit. Also highlighted was that in previous 

years a separate ‘fringe festival’ has been held in the area during the same week. 

This festival also included a temporary camping site and it was felt that the road 

problems would be compounded and added to by campers walking along narrow 

roads between the two sites. There is also concern that there will be illegal camping 

in the area with extra noise nuisance, disturbance and anti-social behaviour 

connected with late night alcohol sales. There are also concerns that there may be 

extra litter and criminality in the local area caused by people attending the event. 

6.9 The Licensing Authority received one e-mail from a couple living in the Sid Road area 

of Sidmouth who wanted it noted that they fully supported the application and 

emphasised that it was only for one week a year. 

6.10 The conditions offered by the applicant in support of the application appear at 

Appendix E. 

6.11 The Sub Committee will now need to consider whether to grant this application as it 

stands or in the light of the representations to refuse the application or grant it in a 

different form. 

6.12 A location plan is attached at Appendix F. 


1. As relevant representations have been made in respect of the application, this 

hearing must be held. (Relevant representations are about the likely effect of the 

grant of the application on the promotion of the licensing objectives, by any person, 

bodies representing them or responsible authorities). The sub-committee must 

disregard any information or evidence not relevant to the licensing objectives. 

2. The sub-committee must consider this application in 

accordance with Section 4 of the Licensing Act 2003, which 

requires that licensing functions must be carried out with a 

view to promoting the four licensing objectives. The licensing 

authority must also have regard to its own licensing policy and 

15

the Secretary of State’s guidance, but may depart from both if it has good reason to 

do so. Those reasons should be stated. 

3. Section 18 of the Act requires the licensing authority to grant a premises licence 

unless it considers additional steps are needed for the promotion of the licensing 

objectives having regard to any relevant representations. 

The steps are: 

(a) to grant the licence subject to: 

(i) the conditions in the operating schedule modified to such extent as 

members consider necessary for the promotion of the licensing 

objectives, and 

(ii) any condition which must under sections 19, 20 or 21 be included in 

the licence; 

(b) to exclude from the scope of the licence any of the licensable activities to 

which the application relates 

(c) to refuse to specify a person in the licence as the premises supervisor 

(d) to reject the application. 

The conditions of the licence are modified if any are altered or omitted or any new 

condition is added. Different conditions may be applied to different parts of the 

premises, and to different licensable activities. The sub-committee must give its 

reasons for its decision to take any of these steps. Similarly, if any part of an 

application is rejected, the sub-committee must give its reasons. 

4. The Act requires mandatory conditions to be imposed where supplying alcohol or 

exhibiting films are approved as licensed activities. It also requires a mandatory 

condition to be imposed where door supervisors or other individuals carrying out 

security activities are conditions on the licence. 

(a) 

Section 19 - Mandatory conditions relating to the supply of alcohol 

1. (a) There shall be no sale or supply of alcohol when there is no 

designated premises supervisor in respect of this premises licence or 

at a time when the said premises supervisor does not hold a personal 

licence or when his/her licence is suspended. 

(b) Every supply of alcohol under the premises licence must be made or 

authorised by a person who holds a personal licence. 

Source: Section 19 Licensing Act 2003 

2. (1) The responsible person shall take all reasonable steps to ensure that 

staff on relevant premises do not carry out, arrange or participate in 

any irresponsible promotions in relation to the premises. 

(2) In this paragraph, an irresponsible promotion means any one or more 

of the following activities, or substantially similar activities, carried on 

for the purpose of encouraging the sale or supply of alcohol for 

consumption on the premises in a manner which carries a significant 

risk of leading or contributing to crime and disorder, prejudice to public 

safety, public nuisance, or harm to children - 

(a) games or other activities which require or encourage, or are 

designed to require or encourage, 

individuals to- 

(i) drink a quantity of alcohol within a time 

limit (other than to drink alcohol sold or 

supplied on the premises before the 

cessation of the period in which the 

16

(b) 

responsible person is authorised to sell or supply alcohol), or 

(ii) drink as much alcohol as possible (whether within a time limit 

or otherwise); 

provision of unlimited or unspecified quantities of alcohol free or 

for a fixed or discounted fee to the public or to a group defined by 

a particular characteristic (other than any promotion or discount 

available to an individual in respect of alcohol for consumption at 

a table meal, as defined in section 159 of the Act); 

(c) provision of free or discounted alcohol or any other thing as a 

prize to encourage or reward the purchase and consumption of 

alcohol over a period of 24 hours or less; 

(d) 

provision of free or discounted alcohol in relation to the viewing 

on the premises of a sporting event, where that provision is 

dependent on- 

(i) the outcome of a race, competition or other event or process, 

or 

(ii) the likelihood of anything occurring or not occurring; 

(e) selling or supplying alcohol in association with promotional 

posters or flyers on, or in the vicinity of, the premises which can 

reasonably be considered to condone, encourage or glamorise 

anti-social behaviour or to refer to the effects of drunkenness in 

any favourable manner. 

Source: Section 19 & 19A Licensing Act 2003 

3. The responsible person shall ensure that no alcohol is dispensed directly 

by one person into the mouth of another (other than where that other 

person is unable to drink without assistance by reason of a disability). 


4. The responsible person shall ensure that free tap water is provided on 

request to customers where it is reasonably available. 


5. (1) The premises licence holder shall ensure that an age verification 

policy applies to the premises in relation to the sale or supply of 

alcohol. 

(2) The policy must require individuals who appear to the responsible 

person to be under 18 years of age (or such older age as may be 

specified in the policy) to produce on request, before being served 

alcohol, identification bearing their photograph, date of birth and a 

holographic mark. 


6. The responsible person shall ensure that- 

(a) where any of the following alcoholic drinks is sold or supplied for 

consumption on the premises (other than alcoholic drinks sold or 

supplied having been made up in advance ready for sale or supply in 

a securely closed container) it is available to customers in the 

following measures- 

(i) beer or cider: ½ pint; 

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and 

(iii) still wine in a glass: 125 ml; and 

(b) customers are made aware of the availability 

of these measures. 


(b) 

Section 20 - Mandatory condition relating to 

exhibition of films – Not Required 

17

Children may only be admitted to films in accordance with the classification 

recommendations of the British Board of Film Classification, or as 

recommended by the licensing authority. 

(c) 

Section 21 - Door Supervision 

Where door supervisors are specified by condition, those individuals must be 

licensed by the SIA. 

5. The sub-committee will need to consider the hours of operation proposed in relation 

to the licensable activities in the light of the promotion of the licensing objectives, the 

effectiveness of the operating schedule proposed by the applicant, the 

representations received, the location of the premises in relation to residential and 

other commercial properties including other licensed premises, the history of the 

management of the premises and how it is proposed to be run in the future, the 

evidence produced of any problems in the past, and the likely impact of any 

extension of hours and activities. These issues, and any other relevant ones, may be 

explored at the hearing. 

6. Human Rights Act 1998 

6.1 The sub-committee must also have regard to the provisions of the Human Rights Act 

1998 when determining this application. The 1998 Act made the European 

Convention of Human Rights directly enforceable in British courts. The relevant 

provisions are Article 6 (right to a fair trial), Article 8 (right to respect for private and 

family life), Article 11 (freedom of association) and Article 1 of the First Protocol (right 

to peaceful enjoyment of one’s possessions). These provisions are explained below. 

Essentially, they require the sub-committee to identify correctly the competing 

interests, give each appropriate weight in the circumstances of the case, and balance 

them against each other in order to arrive at a fair and reasonable decision. 

6.2 Under Article 6, “everyone is entitled to a fair and public hearing within a reasonable 

time by an independent and impartial tribunal established by law”. The procedures 

established by this Council for hearings under the Licensing Act 2003 are compliant 

with Article 6. 

6.3 Under Article 8, “everyone has the right to respect for his private and family life, his 

home and his correspondence”. This right may not be interfered with except in 

accordance with the law and as may be “necessary in a democratic society in the 

interests of national security, public safety or the economic well-being of the country, 

for the prevention of disorder or crime, for the protection of health or morals, or for 

the protection of the rights and freedoms of others”. In Licensing Act cases this 

means that the sub-committee must have regard to the effect of its decisions on local 

residents, and balance their interests against those of the public at large (e.g. the 

customers of the premises under consideration) and the people operating the 

business from the premises. 

6.4 Under Article 11, “everyone has the right to freedom of peaceful assembly and to 

freedom of association with others” except where it is lawful to restrict that freedom in 

the interests of national security or public safety, for the prevention of disorder or 

crime, for the protection of health or morals or for the 

protection of the rights and freedoms of others”. In Licensing 

Act cases this means, for example, that the sub-committee is 

entitled to impose conditions to ensure that patrons of licensed 

premises do not unreasonably disturb others living or working 

18

nearby. Again, the sub-committee should balance the competing interests. 

6.5 Article 1 of the First Protocol (that is, the first amendment to the Convention) says 

that every natural or legal person (meaning a human being or a company) is entitled 

to peaceful enjoyment of his possessions, except where the law provides for 

restrictions on that right in the public interest. This means, for example, that it is 

compliant with the Convention to impose restrictions, such as those provided in the 

Licensing Act 2003, upon business premises where it is in the public interest to do 

so. On the other hand the same applies to the owners and occupiers of neighbouring 

premises. 

7. Appeals 

If the sub-committee imposes conditions on the licence with which the applicant 

disagrees, or modifies the licensable activities permitted or refuses to specify a 

person a designated premises supervisor, he or she may appeal within 21 days of 

notification of the decision to the Magistrates’ Court. The applicant may also appeal 

if an application for a premises licence is rejected. Those making relevant 

representations may appeal if they believe that the licence should not have been 

granted, or that, when granting the licence, the licensing authority ought to have 

imposed different or additional conditions or excluded a licensable activity or refused 

to specify a persona as designated premises supervisor. The magistrates’ court may 

dismiss the appeal, or substitute its own decision, or send back the case to the 

licensing authority with directions as to how the case is to be dealt with. The 

magistrates’ court may make any costs order it thinks fit. 

8. Review Provisions 

If extended hours/licensable activities are granted, the Licensing Act contains review 

provisions which enable any person, bodies representing them or any of the 

responsible authorities to apply to this licensing authority for a review of the licence. 

A hearing follows which enables the sub-committee to use the normal powers at a 

hearing (set out above) but also to suspend the licence for a period of up to three 

months or to revoke it. 

9. Police Closure 

A senior police officer may close any premises for 24 hours (this can be extended) 

where s/he reasonably believes there is or is likely imminently to be disorder on, or in 

or in the vicinity of the premises and their closure is necessary in the interests of 

public safety. Closure can also be affected if public nuisance is being caused by 

noise coming from the premises and closure of the premises is necessary to prevent 

that nuisance 

10. Surveillance Camera Code of Guidance-June 2013 

Where a relevant authority has licensing functions and considers the use of 

surveillance camera systems as part of the conditions attached to a licence or 

certificate, it must in particular have regard to guiding principle one in this code. Any 

proposed imposition of a blanket requirement to attach surveillance camera 

conditions as part of the conditions attached to a licence or certificate is likely to give 

rise to concerns about the proportionality of such an approach and will require an 

appropriately strong justification and must be kept under 

regular review. Applications in relation to licensed premises 

must take into account the circumstances surrounding that 

application and whether a requirement to have a surveillance 

camera system is appropriate in that particular case. For 

example, it is unlikely that a trouble-free community pub would 

19

present a pressing need such that a surveillance camera condition would be justified. 

In such circumstances where a licence or certificate is granted subject to surveillance 

camera system conditions, the consideration of all other guiding principles in this 

code is a matter for the licensee as the system operator. 

Guiding principle one states: 

Use of a surveillance camera system must always be for a specified purpose which is 

in pursuit of a legitimate aim and necessary to meet an identified pressing need. 

Legitimate aim and necessity are considered in relation to the four licensing 

objectives which are set out elsewhere within this report if the Committee is 

considering conditioning any premises licence with the installation of a CCTV 

surveillance system. 


Details of financial implications shown in the main body of this report. 

Appendices 

Appendix A – Table of proposed times and licensable activities. 

Appendix B – Copy of licensing application. 

Appendix C – Details of representations received. 

Appendix D – Details of responses to the notice of hearing. 

Appendix E – Proposed Operating Schedule. 

Appendix F – Location Plan 

Background Papers. 

Licensing Application dated 14 October 2013 

The District Council’s Statement of Licensing Policy 

Amended S. 182 Guidance of the Licensing Act 2003 

Neil McDonald ext 2079 


Licensing & 

Enforcement Sub 

Committee 


20

Appendix A 

Salcombe Regis Recreational Field 

Timings applied for 

Monday 

Tuesday 

Wednesday 

Thursday 

Friday 

Saturday 

Sunday 

E) 

Live Music 

- Indoors 

F) 

Recorded 

Music – 

indoors 

G) 

Performance 

of Dance - 

Indoors 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

H) 

Anything of a 

similar 

description to 

E), F) or G) – 

indoors 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

9:30am- 

1:30am 

I) 

Late Night 

Refreshment 

– Indoors & 

Outdoors 

11:00pm- 

4:00am 

11:00pm- 

4:00am 

11:00pm- 

4:00am 

11:00pm- 

4:00am 

11:00pm- 

4:00am 

11:00pm- 

4:00am 

11:00pm- 

4:00am 

J) 

Supply of 

Alcohol - on 

& off the 

premises 

L) 

Hours 

premises are 

open to the 

public 

12 Midday- 

2:00am 

12 Midday- 

2:00am 

12 Midday- 

2:00am 

12 Midday- 

2:00am 

12 Midday- 

2:00am 

12 Midday- 

2:00am 

12 Midday- 

2:00am 

7:30am- 

4:30am 

7:30am- 

4:30am 

7:30am- 

4:30am 

7:30am- 

4:30am 

7:30am- 

4:30am 

7:30am- 

4:30am 

7:30am- 

4:30am 

21

Salcombe Regis Recreation Field – Responses to Notice of Hearing 

APPENDIX D 

Applicant 

Sidmouth FolkWeek Productions Ltd, 57 Martin Close, Basingstoke, Hampshire, RG21 5JZ 

Hearing Unnecessary No 

Attending 

Yes 

Represented by We will represent ourselves. 

John Radford and John Braithwaite will be present. 

Permission requested We are currently seeking a representative of the local Constabulary to be 

for persons to appear present to allow context on the crime and disorder element. We are 

at the hearing: 

unable to confirm attendance at present. 

Please explain how this 

person will be able to 

assist the Licensing 

Sub Committee: 

Supporting documents 

Summary of key points 

Prevention of Crime and 

Disorder 

Public Safety 

Prevention of Public 

Nuisance 

Protection of Children 

from Harm 

Responsible Authorities & Interested Parties 

To allow confirmation in person in regard to the ongoing relationship 

between the police and the event and to put in context the crime and 

disorder element. 

No 

Yes 

With both our own paid security and a long term intelligence based 

relationship with the police we have no crime and disorder issues from 

previous years and a relocation would not see a change in our guest 

profile. 

Both our EMP & TMP continually seek to address any areas of public 

safety. We work closely with the emergency services and others to ensure 

areas of public safety are addressed at the planning phase. 

We have both paid and volunteer security and stewarding to address any 

potential issues and observe and feedback as required. Litter patrols are 

regularly undertaken and we employ a waste management company as 

part of the event infrastructure. 

1. Mrs C Brewster, St Kilda Lodge, Alma Lane, Sidmouth, EX10 8JP 


Attending 

Yes 

Represented by N/a 

Supporting documents Summary of key points and A4 sheet listing my objections (see below) 

Summary of key points Y 

Prevention of Crime and Salcombe Regis field is a totally unsuitable venue for a Festival site. The 

Disorder 

potential for an increase in petty crime, noise and disorderly conduct from 

alcohol-fuelled revellers walking to and from the venue and the Ham 

throughout the night would be intolerable, affecting the residents of 180 or 

more homes, particularly in Cliff Road, Laskeys Lane, Alma Lane, Hillside 

Road and Salcombe Hill Road itself. These are at present quiet, peaceful 

residential lanes. 

Public Safety 

Salcombe Hill Road is narrow, steep, winding and dangerous, as is well 

known by the local residents. It is totally unsuitable for the increase this 

would bring in vehicle movements, including shuttles, which would be a 

hazard to local pedestrians and equestrians. It would also be hazardous for 

90

APPENDIX D 


Nuisance 


from Harm 

the festival-goers themselves who chose to walk up to the campsite, fuelled 

by alcohol from the town, or walk down to the town fuelled by alcohol from 

the campsite. Some revellers would no doubt choose to walk up Laskeys 

Lane and then on to the cliff path to get to the venue. It is one thing to drink 

to excess and walk to Bulverton. It is another thing to drink to excess and 

walk up a dangerous cliff path, which could lead to loss of life. 

Granting this licence would transform a hitherto quiet, unspoilt piece of 

AONB countryside into a raucous, muddy site. We all know from experience 

that each year a vast amount of alcohol is consumed by festival-goers in the 

town. Access to even more alcohol until 2 am in Salcombe Field would 

create havoc in this peaceful place as well as in the residential lanes en 

route. The likelihood of damage and disruption to the flora and fauna of the 

local woodland leading to the South West Coastal path is also inevitable. 

Children at the campsite venue would be exposed to drunkenness and 

undesirable behaviour. How would this be policed in an area surrounded by 

dark, dense woods? Children living in the residential areas en route would 

also be exposed to drunkenness and noise throughout the night and 

possibly in the day as well. 

2. Ms P White, The Dairy House, Salcombe Regis, Sidmouth, EX10 0JH 


Attending 

Yes 


Supporting documents No 

Summary of key points Yes 

Prevention of Crime and In the past year there has been a spate of thefts from sheds and gardens 

Disorder 

from gangs who target agricultural implements, milk churns or anything else 

that can be turned into cash. We do not have any confidence that increases 

in this sort of crime due to these events will be checked or controlled. There 

is no street lighting at all in the area. A thieves’ paradise. 

Public Safety 

Salcombe Regis is approached from all sides by roads so narrow that two 

vehicles cannot pass each other. To exit at Thorn Farm at the east side of 

the village is a complete blind bend both sides. You exit just praying nothing 

is coming. We were horrified to discover at the 20/11/2013 mediation 

meeting that presumptuous plans were well underway to route traffic 

through regardless of safety. When asked about the Fringe event at the 

Thorn Golf Club plus the 150 both camping/caravan site which will also be 

accessing these roads, we were told “That’s nothing to do with us”. 


Nuisance 


from Harm 

General 

As well as drunkenness, loud music till 2:00 and people passing backwards 

and forwards people will camp in Salcombe Regis woods and this will 

become the alternative toilet for both humans and dogs. EDDC already 

have notices in the woods exhorting us the public to tell them when dog 

owners don’t clear up. This is a clear admission of failure from them that 

they cannot control things as they are – let alone when 450 tents and 150 

vans add to the problem. 

This relates to the points above. The traffic problem through the area 

presents enough of a problem. Scouts and cubs, in addition, will be 

stepping in both human and dog excrement for a long time afterwards with 

all the attendant health hazards. 

The folk week website is already promoting this new campsite even before 

the necessary applications have been approved!! They are raising 

expectations that it is definitely going to happen. 

91

APPENDIX D 

3. Mr C W Burke, Ailsa Craig, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 

No 





Disorder 

The wooded environs of the proposed site will be harder to police than the 

Bulverton Site. 

Public Safety 

Access via Salcombe Hill Road has no pedestrian footways, lethal at times 

especially in the dark. 


Nuisance 

Access to the field will mainly be through residential areas, unlike the 

Bulverton Site where this is not so. 


from Harm 

I consider serving alcohol beyond midnight on a crowded campsite where 

children are present is wrong. 

4. Mrs J A Burke, Ailsa Craig, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 

No 

Represented by No 



Prevention of Crime and Difficult area to police, rural area, spread out site. 

Disorder 

Public Safety 

Salcombe Hill Road area is narrow. No pavements poorly lit. Dangerous 

for walkers and cyclists. 


Nuisance 

The people attending will have to travel through residential areas. Last year 

(2013) we had beer cans and litter in the road when the festival wasn’t in the 

vicinity. 

Protection of Children No need for excessive licensing hours, poor example to children. 

from Harm 

5. Mrs V A Sheriff, Alma House, Alma Lane, Sidmouth, EX10 8JP 


Attending 

Yes 

Represented by Together with my husband, Mr Sheriff. 




Disorder 

Public Safety 

Yes 

Alcohol can cause aggressiveness and unruly behaviour. To grant a 

premises licence for alcohol to be consumed up until 2:00am is 

irresponsible. We are a peace loving people on Salcombe Hill where dogs 

are walked, deer run free and wildlife is in abundance. 

Access to the proposed site the roads from A3052 and up Salcombe Hill 

Road are totally unsuitable for the large number of people who will be using 

the site. Salcombe Hill Road is a winding steep road. Cars accelerate 

going up the hill and there is a potential for serious accidents also obviously 

the descent is very steep which again could lead to accidents – car 

accidents and pedestrian, as during folk week there will be (if the application 

for the premises licence application 035154 is passed) a great deal of traffic 

of one type of another. 

I have lived in Alma Lane for the last 16 years. I drive with care but have 

been close to experiencing accidents when Salcombe Hill Road has had a 

92

APPENDIX D 


Nuisance 


from Harm 

small amount of car usage. 

Festival goers either travelling to or from Sidmouth either walking or driving 

will be a public nuisance to the peaceful homeowners of Salcombe Hill and 

Salcombe Regis. 

Risk of children being harmed by traffic incidents or by drunken festival 

goers – how will the proposed site be policed? 

6. Ms L Kelly, Coastguards Cottage, Laskeys Lane, Sidmouth, EX10 8JW 


Attending 

Yes 


Supporting documents I have requested Mr Holland, Town Clerk, to bring the Town Council file re 

Salcombe Regis Recreation Field in case it is needed. 


Prevention of Crime and Contrary to charitable status of field. See attached page. 

Disorder 

Attached page: 

Prevention of Crime 

Having now studied the file relevant to this field while I was in the Town 

Council offices on Wednesday 20 th November 2013 I would comment that: 

It is for the use of the poor of the area for recreational purposes and 

specifically mentions that it should not be used for car parking so that the 

Salcombe Regis Fair use is an exceptional 1 day allowed, no charge is 

made and the proceeds of the fair are indeed for Charity. 

It has to have open and un paid access for the public at all times. 

It is for the recreation of local people and any monetary gain must be spent 

on this recreational field or other recreational fields in the area. 

A charge cannot be made for entering the field. 

I would hazard a guess that the applicant does not have solely the 

recreational benefit of local people in mind and although accountants can 

put “expenses” against takings I don’t think for instance that the payment of 

a living wage would be in the spirit of the Charitable Nature of this field. I 

think extreme vigilance would be needed in scrutinizing expenses claims to 

ensure no private profit was made. 

I do not think that in the spirit of the term “recreational use” that the sale of 

alcohol and alas likely abuse of alcohol, is allowance and this point is 

exacerbated by the sale for profit which is certainly not charitable. Thus I 

think a crime would be committed in the sale for profit and use of alcohol in 

this field and the making of any personal profit. 

And Disorder 

Owing to the wooded nature of the area it would be very hard to police any 

disorder. 

Public Safety 

No footpath or cycle track. Narrow steep lanes a danger to the public. 


93

APPENDIX D 

Public Safety 


Nuisance 

There is no footpath or cycle track to this field and the road is very steep, 

too narrow for large amounts of traffic and too far from the more main road 

to make walking safe or the access other than by vehicle possible for most. 

Access via residential roads. See attached page. 

AONB and protection of flora and fauna. 


Prevention of Public Nuisance 


from Harm 

Late night access up and down the hill via Salcombe Hill, Hill Side Road, 

Alma Lane etc would be excessive for the 8 or 9 days that in reality is the 

case. The flora and fauna of the area would be abused. It is also an AONB. 

Remote wooded area. Narrowness of lanes. 


Protection of Children from Harm 

The remoteness and wooded nature of the area, the narrowness of the 

lanes would put children at risk. 

7. Mrs D Bennett, 3 St Kilda, Alma Lane, Sidmouth, EX10 8JP 


Attending 

No 




Prevention of Crime and Salcombe Regis Recreation Field which is approached through a large, 

Disorder 

quiet residential area would be of considerable worry to the residents when 

festival people who have been drinking are walking to and fro up Cliff Road 

and along Alma Lane or up Salcombe Hill Road causing noise and even the 

possibility of criminal acts. 

Public Safety 

Many festival people will be on foot as well as in cars, campervans and 

buses. The approach to the recreational field from the town is extremely 

steep, narrow and windy, making the journey very dangerous and totally 

unsuitable for both residents and visitors. 


Nuisance 


from Harm 

It is quite obvious that to grant this licence would enable a large amount of 

alcohol to be consumed which would be a great worry to local residents 

regarding noise, damage and petty theft as well as damage to our beautiful 

countryside. 

Children living in this area and also staying on the campsite would be 

subjected to drunkenness and bad behaviour making this licence totally 

wrong and should not be granted. 

8. Mr K J Felstead, Coniston, Salcombe Hill Road, Sidmouth, EX10 8JS 

Hearing Unnecessary No response 

Attending 

Represented by 

94

APPENDIX D 

9. Mrs M E Felstead, Coniston, Salcombe Hill Road, Sidmouth, EX10 8JS 

Hearing Unnecessary No response 

Attending 


10. Craig Court Resident’s Association, C/o Mr H C Quarrell (Hon Sec) 

5 Craig Court, Salcombe Hill Road, Sidmouth 


Attending 

Yes 


Supporting documents Yes – letter dated 23 rd November 2013 


Prevention of Crime and Late night/extra. Movement of large numbers of people. To and from the 

Disorder 

above site to and from Sidmouth Town. 

Public Safety 

The increase of traffic/people along narrow lanes with no pavements and 

blind bends. 

Prevention of Public The inevitable increase of this with disorder & noise, litter and pollution 

Nuisance 

which goes with the above points much of it alcohol fuelled. 

Protection of Children Possible. 

from Harm 

11. Mr E Hay, Glendale, Salcombe Hill Road, Sidmouth, EX10 8JS 


Attending 

Yes 




Prevention of Crime and Alcohol sales should be restricted to 11:00pm deadline as at other folk week 

Disorder 

sites. Particularly as it is claimed to be a “family venue”. 

Public Safety 

As my letter to Licensing Manager. 

Access to site is dangerous – unclassified road, narrow, unlit and with steep 

gradient and no footpath. It is a national cycle trail with many more cyclists 

– this past summer and August is height of tourist season. Proposed traffic 

lights for single tract section will cause problem of access for emergency 

vehicles. 


Nuisance 

Nuisance has been caused in past years at the pick up point for buses in 

Sid Road at junction of Hillside Road due to people overflowing in to 

roadway and by litter and damage to wall. Minibuses will not solve this as 

the number each can take will be limited. Nuisance will be caused by 

pedestrians late at night after the minibus service has ended. 


from Harm 

12. Mr H Townsend, 4 Green Mount, Sidmouth, EX10 9DB 

Hearing Unnecessary No response. 

Attending 


13. Ms D East, Maybury, Salcombe Hill Road, Sidmouth, EX10 8JS 

Hearing Unnecessary 

Attending 





No 

No 

N/a 

No 

Yes 

Extended hours of availability of alcohol in rural environment too close to 

95

APPENDIX D 

Disorder 

stables/isolated buildings. Restrict hours. 

Public Safety 

Narrow roads/dark lights/uninhibited behaviour/threat to local horse 

riders/villagers/pedestrians. Restrict speed. 


Nuisance 

Large influx of visitors – under influence of alcohol – operating outside 

recommended routes and accommodations and noise levels. 


from Harm 

14. Mr R Harris, Telscombe, Salcombe Hill Road, Sidmouth, EX10 8JR 

Hearing Unnecessary Yes 

Attending 

No 



Summary of key points No 

15. Ms Y Franks, 6 Craig Court, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 

No 

Represented by Mr H Quarrel of 5 Craig Court, Salcombe Hill Road, Sidmouth 

Mr Quarrel will be expressing the views and concerns of the local residents. 




Disorder 

Public Safety 

All boxes ticked. 


Nuisance 


from Harm 

16. Mrs G Harris, Telscombe, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 

No 




17. Mr R Snowden, Downlands, Salcombe Hill Road, Sidmouth, EX10 0NX 


Attending 

Yes 





Disorder 

Boxes for Prevention of Crime and Disorder, Public Safety and Prevention 

of Public Nuisance ticked. 

Public Safety 

Prevention of Public Accompanying letter: 

Nuisance 

I am writing to you with reference to the application to relocate the Folk 

Festival activities to fields located at the top of Salcombe Hill. 

As a resident of Salcombe Hill, I have concerns that I would like to bring to 

your attention. My house is located haIfway up Salcombe Hill and being 

96

APPENDIX D 

retired and spending much time working within the gardens of the house I 

believe I have significant experience of movements and current issues on 

the road. 

Given that my proximity to the proposed sites is more distant than others 

who live at the top of the hill my concern is not related to disturbance from 

the activities taking place as I suspect that the noise levels where I live will 

not be significantly different from noise drifting across the valley from its old 

location. 

What does concern my wife and I is the significant safety issues relating to 

the high number of walkers using the road with no pavements for safe 

movements at any part of Salcombe Hill Road. Above the junction with Alma 

Lane the speed limit is that of the national limits i.e. 60 MPH. Even with 

existing levels of activity the road is hazardous with blind bends along its 

length and shade and light making slow moving personnel difficult to spot. 

Indeed with the promotion of the road as part of the move for more national 

cycle ways, this has already increased the volume of use and hence the risk 

of incidents. I have personally witnessed several near misses with cars 

travelling at high speed but within the existing speed limit. The combination 

of walkers, bikes, horse riders and motorists on a road that is narrow is not a 

an ideal one even when most activity takes place during daylight hours 

(there is no street lighting above the junction with Alma Lane) and with 

people whose senses are not dulled by excessive intake of alcohol that is 

inevitably associated with Folk Week. 

I can accept the rationale for the new location, despite the understandable 

and legitimate concerns of some of my neighbours, but if this move is going 

to be approved there are several planning issues that need to be addressed 

to avoid serious injury or even fatalities on Salcombe Hill. These are as 

follows: 

A speed limit of a maximum of 30 MPH should be extended along the length 

of Salcombe Hill Road up to the junction at the top of Trow Hill. This should 

be reinforced by regular police checks during concert week. Indeed, even 

without the relocation of folk week activities, this would be a sensible 

change. 

No parking should be allowed along the entire length of Salcombe Hill for 

the duration of the Folk Festival activities. Allowing the road to be turned into 

single track by the inevitable desire to park cars down the hill closer to 

Sidmouth would create unnecessary extra danger and could also lead to 

traffic chaos. 

Consideration should be given to “Access Only” restrictions during Folk 

Week to Salcombe Hill Road. The road is a popular short cut to and from 

Sidmouth but congestion could be eased with this restriction in place. 

Given that there is the best part of a 600 foot climb up the hill, consideration 

should be given to providing a high level of extended hours public transport 

up and down the hill. This would also ease congestion problems and assist 

in reducing risk to Festival goers; sober and drunk alike. 

97

APPENDIX D 

I do not believe that any of these proposals would be onerous or expensive 

to be introduced and would result in the new location, assuming it to be 

approved, being a much safer venue than without the implementation of 

these suggestions. 

I trust that you will give this letter serious consideration as part of your 

application process. 


from Harm 

18. Mrs E Snowden, Downlands, Salcombe Hill Road, Sidmouth, EX10 0NX 


Attending 

Yes 




Prevention of Crime and Boxes for Prevention of Crime and Disorder, Public Safety and Prevention 

Disorder 

of Public Nuisance ticked. 

Public Safety 

Prevention of Public Accompanying letter as per Mr R Snowden above. 

Nuisance 


from Harm 

19. Mr R Huntington, Combe Head, Salcombe Regis, Sidmouth, EX10 0JL 


Attending 

Yes 


Supporting documents My original letter of objection has already been forwarded. (See 

representations list) 


Prevention of Crime and Please see my letter already submitted. 

Disorder 

Public Safety 

Please see my letter already submitted. 

Prevention of Public Please see my letter already submitted. 

Nuisance 


from Harm 

20 Mr E Morgan, Flat 7, Salcombe Court, Salcombe Hill Road, Sidmouth, 

EX10 8JR 


Attending 

Yes 




Prevention of Crime and Likelihood of petty crime and disorder arising from alcohol being served until 

Disorder 

early hours, vandalism and offensive behaviour at night and early hours. 

Public Safety 

Vastly increased traffic using roads with no pavements, roads narrow, some 

unrestricted, congestion and restrictions, not suitable for double-decked bus 

service, increased parking problems. 

Prevention of Public Annoyance, nuisance and disturbance to residents especially at night and 

Nuisance 

early mornings, excessive hours for site open times and availability of 

alcohol and refreshments. 

98

APPENDIX D 


from Harm 

21. Mr E Spencer, Soldiers Hill House, Salcombe Regis, Sidmouth, EX10 

0JH 


Attending 


22. Mrs A Spencer, Soldiers Hill House, Salcombe Regis, Sidmouth, EX10 

0JH 


Attending 


23. Mr A Weaver, Nutbourne, Boughmore Road, Sidmouth, EX10 8SH 


Attending 

Yes 





Disorder 

Public Safety 

Yes 

Extreme danger to people walking to campsites and events. Roads are 

narrow, winding, unlit. In parts there is not space for a car and pedestrian to 

pass. 


Nuisance 


from Harm 

24. Mr R Warren, 12B Green Mount, Sidmouth, EX10 9DB 


Attending 





Disorder 

Public Safety 


Nuisance 


from Harm 

No 

No 

N/a 

Yes. A copy of my original email of objection dated 08/11/13 as received by 

the EDDC. (see below). 

Yes. 

Please find attached a copy of an email dated 08/11/13 which was received 

by the EDDC and acknowledged as such. This essentially summarises my 

broad ranging objections. 

Email dated 08/11/13: 

To Whom it May Concern:- 

As a resident of Salcombe Regis parish I am appalled to hear of the 

proposed move of the Festival campsite to an entirely appropriate new site 

on the top of Salcombe Hill in 2014. My reasons are:- 

There will be people wandering around local narrow roads and the 

countryside to and from the various campsites in the pitch dark 

perhaps worse for wear due to alcohol or drugs until 4:30am. 

There will possibly be undesirable hangers on who create nuisance 

and petty crime. 

There will be sleep disturbance for the local populace from the very 

loud music until the early hours of the morning. 

99

APPENDIX D 

 

 

 

 

There is considerable likelihood of litter and pollution of the local 

countryside. 

Illegal camping in the woods and other fields is likely to take place. 

Large numbers of people will be walking up and down the potentially 

dangerous Salcombe Hill Road day and night for the eleven days 

whilst the campsite is open. 

Vastly increased road and pedestrian traffic on very narrow 

unrestricted roads. 

25. Ms J Burdekin, Derby Cottage, Cliff Road, Sidmouth, EX10 8JN 


Attending 


26. Mr C Holland, Shawms, Southway, Sidmouth, EX10 8JL 


Attending 

Yes 





Disorder 

Public Safety 

Granting the application would create substantial movement of pedestrians 

and vehicles between the town and the Recreation Field. Salcombe Hill 

Road is not a safe route for the potentially toxic mix of vehicular and 


Nuisance 

pedestrian traffic particularly in the hours of darkness. 

To the best of my knowledge licences for the production of music in the 

town are limited to 23:00 hrs. Until there is real experience of the level of 

nuisance from the proposed location would it not be appropriate to apply the 

same limit? 


from Harm 

27. Miss A Woolf, Flat 8 Lusways, Salcombe Hill Road, Sidmouth, EX10 

8JS 


Attending 




No 

No 

N/a 

No 

Please refer to original representation you hold. 

28. Mr A Letty, Long Acre, Sid Road, Sidmouth, EX10 9AH 


Attending 

Yes 


Supporting documents Summary of key points (see below) 

Original letter in response to public notice 14 th October 2013 (see 

representations list) 


Prevention of Crime and Given the numbers of people expected at the Salcombe Regis site (1500 in 

Disorder 

2014 according to Sidmouth FolkWeek Productions (SFP) and forecast to 

rise in future years) and the number of relatively isolated dwellings in the 

general location, it is likely crime levels will increase in folk week. It is highly 

100

APPENDIX D 

Public Safety 

likely that the local Constabulary will not be able to police this extended area 

with any effect. People in the parish of Salcombe Regis have expressed 

this concern. Whilst not wishing to be around at folk festival time, given all 

the nausea it entails, they are committed to staying in their homes in order 

to increase their security profile. Therefore to prevent crime, either real or 

perceived, this application should be rejected. 

The vehicular access route to Salcombe Regis recreational field is by way of 

unclassified roads with the national speed limit of 60mph. From Sidmouth 

the route up Salcombe Hill is both steep and narrow and is the most 

unsuitable for large numbers of vehicles. There is no pavement along the 

route and any pedestrians walking to and from the camp site would only 

create an additional hazard to vehicles and also themselves. 

There is no road lighting for the majority of this route; neither is there any 

white line marking of the kerbside or crown of the road. 

It is therefore foreseeable that an accident could happen on this road due to 

licensing the Salcombe Regis recreational field for folk festival purposes. 

As explained at the “Mediation Meeting”, they are proposing to make the 

whole of the route from Sidmouth [via Salcombe Hill] to the A3052 a no 

parking zone with a traffic light system between the Salcombe Regis war 

Memorial and Thorn Farm. 

This traffic light system will create a rat-run through Salcombe Regis village 

in order to miss the traffic lights. This is unacceptable. 

A lot of local people like to park and walk into the woods either side of the 

road and to make it a no-parking zone would deprive local people of an 

amenity for the sake of SFP. The National Trust car park is usually full and 

inadequate. 

The positioning of the no-parking “cones” is also a concern. Last year the 

parking cones in Sid Road stopped right on the blind corner at Sid House. 

This was a foolish action on behalf of whoever positions the cones, as it 

created a dangerous condition in a road which is already busy. I therefore 

have no faith that the risk assessment process for parking restrictions is 

adequate. 


Nuisance 

The amplified noise pollution created by Sidmouth FolkWeek Productions, 

which lasts seven days from 0930-0130 [16 hours daily], is a public 

nuisance. 

No other industry/organisation would be allowed to produce so much noise 

for such an extended time period in close proximity to dwellings, especially 

with so little benefit to the local community. The maximum average noise 

levels [55dbA] — as stated by SEP, cannot be adhered to, otherwise why is 

the noise from all the existing sites easily heard throughout the lower Sid 

valley? 

It is likely that the Salcombe Regis site will increase the ambient noise level 

and therefore increase the already unacceptable nuisance to residents. 


APPENDIX D 

I am conscious there is a Licence application for the Bulverton site as well 

as the Salcombe Regis site. If both applications are approved there is 

nothing to stop SFP from using both sites in their quest to improve their 

financial position. 

The lack of car parking places [already a serious issue in Sidmouth], 

compounded by the parking restrictions outlined above, will certainly create 

public nuisance which could lead to disorder. 


from Harm 

The proposed camp sites are surrounded by woodland which is normally 

used by children belonging to the scouting movement, amongst others. It is 

not too difficult to imagine a scenario whereby drug users go into these 

woods and leave their needles, which could be infected and the local 

children happen to come across them. It would be naïve to think this could 

not happen in Sidmouth, as it is a major problem at other festival sites as 

they have to sanitise the sites after an event. In this particular case with the 

large area of woodland surrounding the sites this would be nearly 

impossible. 

General 

I should like to go on record and state that at the “Mediation Meeting”, 

Sidmouth FolkWeek Productions [SFP], were unable to produce any 

coherent management plan to support their Licence application for this site 

— there was an awful lot of “we are working on that I still to be finalised” 

type of comments. Presumably SFP will be given detailed access to the 

objections but the objectors do not have access to the details of the 

management plan. 

29. Mrs C Ferguson, The Old School, Salcombe Regis, Sidmouth, EX10 

0JQ 


Attending 

No 




Prevention of Crime and Encourages “drink driving”. 

Disorder 

Public Safety 

Inadequate road access for vehicles along single track, unlit lanes with blind 

bends and pinch points. Inadequate access to and from site for pedestrians 

along narrow, unlit country lanes with no footpaths. 

Will encourage parking on verges along single track lanes. 

Proposed traffic lights at Thorn Farm will encourage traffic into Salcombe 

Regis village via single track lanes. 

Prevention of Public Noise and disturbance from late night and early morning entertainment and 

Nuisance 

sale of alcohol. 


from Harm 

30. Mrs H Gohns, Glewstone Lodge, Salcombe Hill Road, Sidmouth, EX10 

8JR 


Attending 



No response. 

No response. 

No 


APPENDIX D 


Prevention of Crime and The folk festival is supposed to be a family friendly gathering not a night club 

Disorder 

for various activities. It covers a wide age range there are many children. It 

is therefore in everybody’s interest that there should be peace and quiet at 

night in the campsites certainly from 11pm. A licence should not be granted 

for the sale of any form of alcohol, food, or any other drinks after 11pm. 

10pm would be better. 

Public Safety 

The access to the site is quite inadequate, the main road being too narrow 

and residents do park their cars there. 

Prevention of Public Large gatherings of people do attract criminals. Such gatherings need to be 

Nuisance 

well ordered and controlled and policed. The residents around Salcombe 

Hill Road have chosen to live there for peace and quiet, they don’t barricade 

their premises and they are therefore most concerned by this vast influx of 

people and vehicles. 

Protection of Children This is not a safe area for children to roam freely they need to be supervised 

from Harm 

at all times. 

31. Mr P Tinsley, Craig House, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 

No 





Disorder 

Public Safety 

Increased traffic and pedestrians’ danger of accidents. Given number of 

concealed drives. 

Prevention of Public Increased noise for residents. Given hours proposed. During the night time 

Nuisance 

period. 


from Harm 

32. Mr M Player, Littlehayes, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 


33. Mrs E Player, Littlehayes, Salcombe Hill Road, Sidmouth, EX10 8JR 


Attending 


34. Mr D Watt, Southcombe House, Salcombe Regis, Sidmouth, EX10 0JN 


Attending 

No 




Prevention of Crime and Please see attached sheet. 

Disorder 

Public Safety 

Please see attached sheet. 

Prevention of Public Please see attached sheet. 

Nuisance 


from Harm 


APPENDIX D 

Attached sheet: 

The following notes are to be read in conjunction with Mr & Mrs Watt’s 

objection to the licence application on the Recreation Field in Salcombe 

Regis (Application no: 035154) 

Prevention of crime and disorder: 

The site is rural and adjacent to unfenced woodland which provides ideal 

hiding places for those persons who may be intent on mischief. It is also 

very difficult terrain to ‘Police’. 

Coupled with the comments made below, we believe that if this license is 

approved, the operators must be asked to pay for a comprehensive police 

presence throughout the entire programme. 

Public Safety: 

The approach road is an unclassified lane which has no pavements, is unlit 

and is narrow. If the event attracts as many people as is has done in 

previous years this will produce obvious danger to those accessing and 

egressing the site, particularly after dark. 

The field itself has inadequate access for high volume vehicle movements 

and thus on-site car parking will need to be very carefully controlled. 

There is no other car parking in the immediate vicinity, and no bus lay-by 

nearby (should buses and coaches be used). This will cause danger and 

inconvenience to other road users and people walking to/from the site. 

Prevention of Public Nuisance: 

Salcombe Regis is an extremely quiet hamlet. The residents like it that way 

and we chose to move here from the urban bustle of Berkshire because of 

this. If this application is approved, it will effectively turn the hamlet into a 

night club for a complete week. It is totally out of character and should be 

refused on this ground alone. When the licensing committee consider what 

noise levels constitute a public nuisance they must surely take into account 

what is the norm for the immediate area. We can assure you it is VERY 

quiet here at night which is just the way we like it. 

The duration of this proposed event and the extremely late hours of (a) 

music and (b) “refreshment” as proposed will give the residents of Salcombe 

Regis no respite for a complete week and must surely qualify as a public 

nuisance? It is worth drawing attention to the extra hours requested for 

“Refreshments”. To facilitate this, generators will have to be running, lights 

on site will still be shining and people will be coming and going until dawn. 

This might not be as noisy as the music, but will still cause a significant 

nuisance to the nearby residents. 

There is no mention of a noise limit imposition in the application so it seems 

to us that the operator, if approved would literally be able to amplify the 

music to whatever level he sees fit. 

The way forward?: 


APPENDIX D 

1. We are hoping that the Licensing Authority will see the overwhelming 

case against this application and refuse it outright so that a more suitable 

location can be found. IF not, the following restrictions will serve to reduce 

the impact on our hamlet. 

2. share this site with another location in Sidmouth so as to limit the event to 

say 2 days 

3. Insist that either the music is not amplified (and similarly, the 

announcements) or impose a very low and strict decibel limit. 

4. Reduce the finishing time for the music to 11.30pm and the site activities 

stop by Midnight (and do not start until 2.00pm) 

5. Insist the operators pay for a proper police presence throughout the entire 

programme. 

6. Provide a 24/7 telephone number for complaints should noise levels or 

nuisance become intolerable. If the music doesn’t shut down when it is 

supposed to, the residents need to be able to take action at that time. 

I do hope that these points can be fully taken into account as I shall not be 

able to attend the hearing in person. 

35. Mrs K Wells, Ruan House, Cliff Road, Sidmouth, EX10 8JN 


Attending 

Yes 

Represented by Mr Graham Keen 

Ruan House, Cliff Road, EX10 8JN 




Disorder 

There is a heightened risk of opportunist burglary and damage to private 

property. 

Public Safety 

Much of the route between proposed campsite and its events in the town will 

be on very steep, narrow, unlit roads with no footpath or verge to escape 

traffic which also will use the same routs. 


Nuisance 

Residents walking their dogs at Salcombe Hill regularly and summer visitors 

will not be able to use the car park which will be “taken over” by Folk 


from Harm 

Weekers trying to avoid paying site fees. 

Difficulty in protecting children from harm particularly after dark with such a 

densely wooded area with so many access/escape routes. 

36. Dr W Janes, Flat 1, Heatherby, Southway, Sidmouth, EX10 8JL 


Attending 

Yes 




Prevention of Crime and Petty theft and vandalism will inevitably increase in this area, from existing 

Disorder 

folk week levels. 

Public Safety 

1) Salcombe Hill Road is unsuitable for the volume of traffic which would be 

generated. 

2) All routes leading to Salcombe Hill Road are unsuitable. 

3) Local residential roads will become gridlocked as people search for free 

parking. 

4) Local residents will have difficulty and delay accessing their homes and 



Nuisance 

APPENDIX D 

may be cut off from emergency services. 

5) Pedestrians accessing the folk week venues and walkers on the coastal 

path will face an unnecessary level of risk from increased traffic. 

1) Residents will be subjected to noise and disruption almost 24 hours a day 

as people make their way to and from the site. 

2) Damage will be incurred by illegal and inconsiderate parking. 


from Harm 

37. Mr M Watson, Sherwood, Salcombe Hill Road, Sidmouth, EX10 8JS 


Attending 





Disorder 

Public Safety 


Nuisance 

No 

No 

N/a 

No 

Yes 

Undesirables will be attracted by ability to buy drinks until 4:30am and will 

give rise to drunken behaviour. 

The area has narrow roads with some tight bends which is already 

hazardous to pedestrians and horse riders. 

Local residents will be disturbed by the many people (some drunk) in the 

middle of the night. There will also be an increase in litter and property 

damage. 


from Harm 

38. Mrs D Janes, Flat 1, Heatherby, Southway, Sidmouth, EX10 8JL 


Attending 





Disorder 

Public Safety 


Nuisance 

No 

Yes 

N/a 

No 

Yes 

Petty theft and vandalism will inevitably increase in this area, from existing 

folk week levels. 

1) Salcombe Hill Road is unsuitable for the volume of traffic which would be 

generated. 

2) All routes leading to Salcombe Hill Road are unsuitable. 

3) Local residential roads will become gridlocked as people search for free 

parking. 

4) Local residents will have difficulty and delay accessing their homes and 

may be cut off from emergency services. 

5) Pedestrians accessing the folk week venues and walkers on the coastal 

path will face an unnecessary level of risk from increased traffic. 

1) Residents will be subjected to noise and disruption almost 24 hours a day 

as people make their way to and from the site. 

2) Damage will be incurred by illegal and inconsiderate parking. 


from Harm 

39. Mrs M Watson, Sherwood, Salcombe Hill Road, Sidmouth, EX10 8JS 


Attending 




No 

No 

N/a 

No 

Yes 


APPENDIX D 

Prevention of Crime and A licence to drink until 4:30 am will attract people for the drink not the 

Disorder 

festival and encourage illegal camping in the area. 

Public Safety 

Narrow country lanes with numerous pedestrians is a danger for them and 

motorists. 

Prevention of Public People wandering around the area until 4:30am and beyond will 

Nuisance 

undoubtedly cause noise, litter and a disturbance to residents. 


from Harm 

40. Mr P Priddy, Pinewood, Hillside Road, Sidmouth, EX10 8JD 


Attending 

No 



Summary of key points My objections to the application are described in my email copied below: 


Disorder 

Public Safety 

My main objection, however, is the affect it will have on Salcombe Hill Road, 

which is the only road access to the site from Sidmouth. This is a narrow, 

steep, tortuous road totally unsuited to a high volume of traffic. It is 

particularly unsuitable for pedestrians. This will represent a danger to all 

users of this road when so many of them are likely to be under the influence 


Nuisance 

of alcohol. 

This is a peaceful location situated on one of the area’s highest spots, so 

that sound will easily travel to affect residents in Salcombe Regis and the 

eastern side of Sidmouth. I see no reason why it should be deemed 

necessary to provide entertainment, food and drink into the small hours of 

each morning, disturbing the sleep of local residents and also affecting local 

wildlife, while the same amount of provision could be achieved by shifting 

the whole timetable forwards 3 hours. 

Of course the effect on the environment of all the litter (and worse) that is 

bound to be scattered, not just at the site itself, but all along Salcombe Hill 

Road is another major cause for concern. 


from Harm 

41. Mr R W Hewitt, Byways, Hillside Road, Sidmouth, EX10 8JD 


Attending 

No 





Disorder 

Public Safety 


Nuisance 


from Harm 

Yes 

This application is not in the interests of the local residents nor in the local 

environment. Access routes are unsuitable and poor. The additional traffic 

and late night activities, especially road movements would be intolerable for 

those living on the routes or in the vicinity. 

As above. 


APPENDIX D 

42. Mrs J O Hewitt, Byways, Hillside Road, Sidmouth, EX10 8JD 


Attending 

No 





Disorder 

Public Safety 

This application is not in the interests of the local residents nor in the local 

environment. Access routes are unsuitable and poor. The additional traffic 

and late night activities, especially road movements would be intolerable for 

those living on the routes or in the vicinity. 

Prevention of Public As above. 

Nuisance 


from Harm 

43. Ms A Chapman, The Porters Lodge, Salcombe Hill, Sidmouth, EX10 

0NY 


Attending 

Yes 

Represented by To be confirmed. I will let you know who will represent us if I do not do so 

myself. 




Disorder 

These are specific so they are not “objectives”. I assume they are 

Public Safety 


guidelines. I believe that the use of the land at Salcombe Hill for use as a 

folk week campsite and entertainment area is wholly inappropriate. 

Nuisance 


from Harm 

44. Mrs R Watt, Southcombe House, Salcombe Regis, Sidmouth, EX10 0JN 


Attending 

No 




Prevention of Crime and Please see attached sheet. 

Disorder 

Public Safety 

Please see attached sheet. 

Prevention of Public Please see attached sheet. 

Nuisance 

Protection of Children Please see attached sheet. 

from Harm 

Attached sheet as per Mr D Watt (see above no 34) 

45. Mr A Truscott, Fir Trees, Sid Road, Sidmouth, EX10 8QP 


Attending 

No 






Disorder 

Public Safety 


Nuisance 

APPENDIX D 

See below. 

Congregation of large numbers of people waiting for buses at the junction of 

Sid Rd/Hillside Rd/Salcombe Rd will cause safety and public nuisance 

issues. 


from Harm 

46. Mr G Keen, Ruan House, Cliff Road, Sidmouth, EX10 8JN 


Attending 





Disorder 

Public Safety 


Nuisance 

No 

Yes 

Poppleston Allen Solicitors 

37 Stoney Street 

The Lace Market 

Nottingham NG1 1LS 

Solicitor representing Salcombe Hill residents 

No 

Yes 

Very difficult for the Police to prevent crime and disorder 24/7 throughout the 

transit routes as large numbers of festival goers move between events and 

campsite proposed. Taking in peaceful residential retirement areas. 

Additional foot and motorised traffic movements travelling between town and 

proposed new campsite will undoubtedly cause additional noise and 

disruption to any residential areas normal life. Likely anti social acts. No 

public conveniences along the routes so private gardens and the woods will 

no doubt be used. 


from Harm 

47. Mr A Miller, Uplands, Cliff Road, Sidmouth, EX10 8JN 


Attending 





Disorder 

Public Safety 


Nuisance 


from Harm 

No 

Yes 

N/a 

No 

Yes 

The route from Salcombe Regis Recreation Field to Sidmouth is long, 

narrow, steep, poorly lit and with no pavements. Because of the distance to 

town, festival attendees will be tempted to use a vehicle to complete the 

journey. Most activities in Sidmouth during Festival Week involve the 

consumption of alcohol. There are plenty of pubs in town, and this proposal 

seeks to have a bar in the field. In combination this is a recipe for certain 

accidents and potential loss of life. 

48. Ms K Dollery, Trow Orchard, Salcombe Regis, Sidmouth, EX10 0PA 


Attending 


49. Mr F Ferguson, Old School House, Salcombe Regis, Sidmouth, EX10 

0JQ 



Attending 





Disorder 

Public Safety 

No 

N/a 

No 

Yes 

APPENDIX D 

Very significant increase in traffic, both vehicle and pedestrian, on narrow, 

steep and hazardous roads. Potential for alcohol from on site bar to 

exacerbate this. Also potential for the roads through the village to be used 

as a “rat-run” when the proposed traffic light controls are in operation. 


Nuisance 


from Harm 

50. Mr M McInerney, 11a Cliff Road, Sidmouth, EX10 8JN 


Attending 


51. Mrs J McInerney, 11a Cliff Road, Sidmouth, EX10 8JN 


Attending 


52. Mr L Owen, Summerleaz, Laskeys Lane, Sidmouth, EX10 8JW 


Attending 

No 




53. Mr B L Tinson, Pemberley, Laskeys Lane, Sidmouth, EX10 8JW 


Attending 


54. Mr D Tinson, Pemberley, Laskeys Lane, Sidmouth, EX10 8JW 


Attending 


55. Mr T Clarke, Post Cottage, Salcombe Regis, Sidmouth, Devon, EX10 


Attending 





Disorder 

Public Safety 


Nuisance 

No 

No 

N/a 

No 

Yes 

Access is difficult. From the East, a narrow single lane only permits low 

numbers of cars, safe access and pedestrian access is very difficult at the 

same time. Access via Salcombe Hill can be difficult in times of mist of sea 

fog. 

110

APPENDIX D 


from Harm 

56. Mr C Fawell, Sidmouth, Devon, EX10 


Attending 


57. Mrs J Fawell, Sidmouth, Devon, EX10 


Attending 


58. Ms M Bess, Hayes, Salcombe Hill Road, Sidmouth, Devon, EX10 


Attending 

No 




Prevention of Crime and Box ticked. 

Disorder 

Public Safety 

Box ticked. 

Prevention of Public Box ticked. 

Nuisance 

Protection of Children Box ticked. 

from Harm 

59. Mr G W R Mandarin, Sidmouth, Devon, EX10 


Attending 


60. Mr R C Pillar, Red Maples, Salcombe Hill Road, Sidmouth 


Attending 


61. Mrs R C Pillar, Red Maples, Salcombe Hill Road, Sidmouth 


Attending 


111

APPENDIX E 

1. The Licence Holder must ensure that the Venue Manager receives all Health 

and Safety Data relevant to the premises, prior to the premises being open to 

the public. 

2. The Licence Holder must ensure that radio contact between festival stewards 

and SIA Security staff is maintained during the hours that the premises are 

open to the public. 

3. The Licence Holder must ensure that all festival stewards receive training in 

safety routines prior to premises being opened to the public. 

4. The Licence Holder must ensure that noise levels and public behaviour are 

monitored. 

5. The Licence Holder must fully comply throughout the duration of the Licence 

with the Festival Safety and other Policies as submitted to the Licensing 

Authority with the application for the grant of the Premises Licence. 

6. The Licence Holder must ensure that all SIA security staff are correctly 

registered with the Security Industry Authority. 

7. The Licence Holder must ensure that prior to the premises being opened to the 

public, security fencing is erected as shown on the plan deposited with and 

approved by the Licensing Authority. 

8. The Licence Holder must ensure that adequate lighting is provided throughout 

the premises during the hours that the premises are open to the public. 

9. The Licence Holder must, throughout the duration of the Licence, have regular 

contact with the Licensing Authority and the Devon and Cornwall Constabulary. 

10. The Licence Holder must fully comply throughout the duration of the Licence 

with the Risk Assessment submitted to the Licensing Authority. 

11. The Licence Holder must ensure the public are informed of emergency 

procedures prior to the commencement of all concerts and events. 

12. SIA stewarding levels will be commensurate with the determined risk levels for 

the venue concerned based on evidence from 2013 in regard to public disorder. 

Exact numbers of SIA and Sidmouth Folk week Productions stewarding staff to 

be defined and documented through a consultative process with relevant 

authorities not later than 60 days prior to event commencement. To this end the 

Licence holders will convene a “Safety Advisory Group” meeting with relevant 

authorities to explain our actions and take advice where necessary. 

112

13. When going off duty stewards will remove any identifying clothing. 

14. Stewards will not consume, or be under the influence, of alcohol or controlled 

substances whilst on duty. 

15. The Licence Holder must ensure that the fire safety measures with which the 

premises are provided are maintained in good working order, and their 

adequacy will be determined on a regular basis, by the carrying out of a fire risk 

assessment as required by, and in accordance with the Regulatory Reform 

(Fire Safety) Order 2005. 

16. The Licence Holder must ensure that free fresh water is available at all times. 

17. The Licence Holder must ensure that an appropriate method for checking the 

number of people entering and leaving the premises is employed and steps will 

be taken so that, once the maximum occupancy is reached, no further persons 

are admitted. 

18. The Licence Holder must ensure that noise levels are monitored and adjusted 

to comply with the levels as determined in consultation with the Environmental 

health officer responsible for the event. 

19. The Licence holder will ensure that children under 12 will either be 

accompanied by a responsible adult or signed in as appropriate to designated 

workshops and events. Under 16’s must be accompanied by a responsible 

adult at any event that is programmed to run after midnight. 

20. There will be a dedicated area where under 18’s may purchase soft drinks. 

21. The Licence Holder must ensure that alcohol is not purchased or consumed by 

underage persons. Alcohol sales will cease 30 minutes before the close of the 

venue. (02.00) 

22. No beverages, either alcoholic or non-alcoholic, will be sold in glass bottles. All 

bottled beverages are to be poured into glasses at the point of sale. All glasses 

will be plastic or toughened glass. 

23. A “Challenge 21” policy will be in operation throughout the event. 

24. There will be a level of 55db at the nearest residential property 

25. There will be a meeting between responsible Sidmouth Folk Week Productions 

persons and an Environmental Health Officer from East Devon District Council, 

on a date to be decided, to determine a ‘standard level' for the week in terms of 

the venue. 

26. A base level will be set with the Production Director, Head of Sound for the 

venue and an Environmental Health Officer for East Devon District Council in 

attendance. 

113

27. Each evening a reading will be obtained from three locations to enable a proactive 

response to the prevailing weather conditions. The three locations to be 

confirmed in consultation with the Environmental Health Officer for East Devon 

District Council. 

28. Sidmouth Folk Week Productions will supply a contact number to identified 

residents to allow a “direct” link in terms of sound levels. On contact from a 

member of the public Sidmouth Folkweek Productions will respond by detailing 

a member of staff to attend the location of the complaint to check sound levels 

and decide on an appropriate response. 

29. The extent of the areas within which the various licensable activities will be 

permitted are as shown outlined in RED and the sale of alcohol will be 

permitted only within the area shown hatched RED on the plans submitted to 

and approved by the Licensing Authority. 

114

115

Agenda Item 8 

Licensing & Enforcement Sub Committee 


NMcD 

Application for the variation of a premises licence under the Licensing 

Act 2003 

Summary 

The report summarises an application for a variation of a premises licence. 


That members consider the application for the variation of a premises 

licence - To extend the existing licensable area to include a previous 

store area, install double doors and a small patio area at the front of the 

premises and to amend the wording of two conditions in Annexe 2 of the 

existing premises licence at Goa Spice, 5 Tower Street, Exmouth, Devon, 

EX8 1NT. 


To comply with statutory processes. 


To either grant, refuse or modify the application. 


None 


The Council’s Licensing Policy is referred to in the body of the report. There is a 

possibility of the Council having to pay the applicant’s court costs if a successful 

appeal is brought against the decisions made today. 


The council’s decision may be appealed to the Magistrates Court. The Licensing Act 

2003 also contains review provisions. 

1 Description of Application 

1.1 An application has been received from Tammy Louise Dyer, 

Willow Bank, Maer Lane, Exmouth, Devon, EX8 2DE for the 

variation of a premises licence for Goa Spice, 5 Tower Street, 

Exmouth, Devon, EX8 1NT. 

116

1.2 The current timings and licensable activities for the premises are produced in table 

form at Appendix A. 

1.3 The application is to extend the licensed area inside the premises to include a 

previous store area and to install double doors leading to a new railed patio area at 

the front of the building. To amend condition 11 of Annexe 2 of the licence to add 

‘with the exception of the designated patio area’ and condition 29 to read ‘to be able 

to use the outside patio area until midnight.’ 

1.4 The premises are a former Indian restaurant situated on the ground floor of a two 

storey building located on a side road off of Exmouth Town Centre. The business is 

in a mixed commercial and residential area. 

1.5 A full copy of the application is reproduced at Appendix B. 

1.6 The premises has a premises licence number PLWA0265 a copy of the licence is 

reproduced at Appendix C 

1.7 A plan of the premises will be available at the meeting to show the layout and the 

areas of licensable activity. 

2 Statutory Bodies’ Response 

2.1 Devon & Cornwall Constabulary 


2.2 Devon & Somerset Fire & Rescue Service 


2.3 Area Child Protection Committee and Local Safeguarding Children Board 


2.4 Devon Trading Standards 


2.5 East Devon District Council, Environmental Health Service 

Representations have been received 

2.6 East Devon District Council, Planning & Countryside Service 


2.7 Primary Care Trust 


3 Representations and Responses to Notices of Hearing 

3.1 Representations have been received from Exmouth Town Council and from Mr & Mrs 

Guyard-Mulkerrin the owners of Les Saveurs Restaurant situated almost opposite 

Goa Spice. Details of the representations are listed in Appendix D. 

3.2 Responses to the statutory Notice of Hearing have been 

received from the applicant, Exmouth Town Council and Mr & 

Mrs Guyard-Mulkerrin. Cllr Eileen Wragg will attend the 

hearing to represent Exmouth Town Council. Mr & Mrs 

Guyard-Mulkerrin will attend and the applicant has indicated 

that she will attend the hearing and represent herself. 

117

Details of the Responses to Notice of Hearing are attached at Appendix E. 

4 Proposed Operating Schedule and Mediation 

4.1 The applicant has not offered any further conditions to be attached to her licence as 

she believes that no extra conditions are necessary for the variation applied for. 

4.2 A mediation meeting was held at the premises on Friday 22 November chaired by the 

Licensing Authority and attended by the applicant, Mr & Mrs Guyard-Mulkerrin and 

Cllr. Eileen Wragg. The mediation meeting was partially successful and addressed 

some of the concerns of the objectors but no agreement was reached. 

5 Relevant Licensing Policy Considerations 

Licensing Objectives 

5.1 Section 3.1 of the Policy states: ‘The Licensing Authority has a duty under the Act to 

carry out its licensing functions with a view to promoting the four licensing objectives.’ 

These are:- 

The prevention of crime and disorder 

Public safety 

The prevention of public nuisance 

The protection of children from harm 

5.2 Section 3.2 of the policy states: These objectives are the only matters to be taken 

into account in determining the application and any conditions attached must be 

necessary to achieve the licensing objectives. 

5.3 Section 3.3 of the Policy states: A licence will only be granted where the licensing 

authority is satisfied that these objectives have been met. 

5.4 Section 3.4.1 of the Policy lists the kind of measures the licensing authority will be 

expecting to see taken into account to promote the objectives. 

Conditions 

5.5 Section 4 of the policy sets out what the Sub Committee should consider before 

imposing conditions on a licence. 

Licensing Hours 

5.6 Section 6.1 of the Policy states: The licensing authority will deal with the issue of 

licensing hours on the individual merits of each application. When the Authority’s 

discretion is engaged consideration will be given to the individual merits of an 

application but the presumption will be to grant the hours requested unless there are 

objections to those hours raised by Responsible Authorities or any other person on 

the basis of the licensing objectives. However, when issuing a licence with hours 

beyond midnight higher standards of control will generally need to be included in 

operating schedules to promote the licensing objectives especially for premises 

which are situated near residential areas. 

5.7 Section 6.4 of the Policy states: The terminal hours will 

normally be approved where the applicant can show that the 

proposal would not adversely affect the licensing objectives 

unless, after hearing relevant representation the licensing 

authority believe it necessary, proportionate and reasonable to 

restrict the hours required. 

118

5.8 Section 6.5 of the Policy states: The Licensing Authority does not seek to adopt fixed 

terminal hours in designated areas (known as “Zoning”), as this can lead to the 

significant movement of people across boundaries in search of premises opening 

later. 

Anti Social Behaviour 

5.9 Section 15.1 of the policy states: A minority of consumers will behave badly and 

unlawfully once away from premises, and licence holders’ co-operation is sought in 

minimising this behaviour in the vicinity of premises. The Licensing Authority 

recognises that the Act is not a cure-all for anti-social behaviour. There is a range of 

other strategies for addressing these problems – Details of other strategies are listed 

in the policy. 

Nuisance 

5.10 Section 19.1 of the Policy states: To promote the licensing objectives, applicants for 

licences for licensable activities will be required to demonstrate the measures they 

have in place for the prevention of public nuisance. The impact of the licensable 

activities on people living in the vicinity should not be disproportionate or 

unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious 

smells and litter. The prevention of public nuisance can include low-level nuisance 

affecting a few people living locally as well as a major disturbance affecting the whole 

community. It may also include the prevention of the reduction of the living and 

working amenity and environment of interested parties. 

Capacity 

5.11 Section 20.1 of the Policy states: Where it is considered necessary to control the 

maximum numbers of persons attending premises for the purpose of preventing 

crime and disorder or for public safety the licensing authority will expect this to be 

addressed in the operating schedule. The licensing authority, if relevant 

representations are made and only then if such conditions are deemed necessary, 

proportionate and reasonable, may impose a condition stipulating a maximum 

number of persons permitted to attend premises where it considers it necessary to 

prevent crime and disorder or for public safety purposes. 

5.12 The Guidance issued under Section 182 Licensing Act 2003 states: 

The licensing authority may not impose any conditions unless its discretion has been 

engaged following receipt of relevant representations and it has been satisfied at a 

hearing of the necessity to impose conditions. It may then only impose conditions 

that are appropriate to promote one or more of the four licensing objectives. Such 

conditions must also be expressed in unequivocal and unambiguous terms to avoid 

legal dispute. 

It is perfectly possible that in certain cases, because the test is one of appropriate, 

where there are other legislative provisions which are relevant and must be observed 

by the applicant, no additional conditions at all are needed to promote the licensing 

objectives. 

The Act requires that licensing conditions should be tailored to 

the size, style, characteristics and activities taking place at the 

premises concerned. Licensing authorities should therefore 

ensure that any conditions they impose are only those which 

are appropriate for the promotion of the licensing objectives, 

119

which means that they must not go further than what is needed for that purpose. 

Licensing authorities should only impose conditions which are appropriate and 

proportionate for the promotion for the licensing objectives. If other existing law 

already places certain statutory responsibilities on an employer or operator of 

premises, it cannot be appropriate to impose the same or similar duties. 

6. Observations 

6.1 Following the implementation of the first set of regulations under the Police Reform 

and Social Responsibility Act on 25 April 2012 a new provision relating to the ‘test’ 

that Licensing Committees should consider when deciding on licensing applications 

was introduced. The evidential level for Licensing Committees has been lowered so 

that the test now is that their decisions need only be ‘appropriate’ and no longer 

‘necessary’. 

6.2 The application being considered is to extend the licensed area inside the premises 

to include a previous store area and to install double doors leading to a small railed 

patio area at the front of the building. To amend condition 11 of Annexe 2 of the 

licence to add the wording ‘with the exception of the designated patio area’ and 

condition 29 to read ‘to be able to use the outside patio area until midnight’. 

6.3 Representations from Mr & Mrs Guyard-Mulkerrin and Exmouth Town Council 

express concerns about the management of the premises and that if the variation is 

granted then customers will spill out onto Tower Street which is a narrow road to the 

front of the premises causing a hazard to traffic and causing a public nuisance to 

children and families using nearby facilities. There are concerns that there will be 

increased anti-social behaviour because of ‘cheap drinks deals’ and increased noise 

and inconvenience caused to nearby residents and businesses particularly from the 

use of the outside patio area. 

6.4 The applicant has included a small railed off patio area at the front of the premises 

for use as a smoking area to prevent customers spilling into the narrow road at the 

front of the premises. She has applied for this area to become part of the licensed 

area so that if smokers take their drinks with them there will not be a breach of the 

existing licence condition which reads ‘No customers will be permitted to take open 

containers of alcoholic or soft drinks from the premises’. She has therefore also 

applied to amend the wording of that condition to add ‘with the exception of the 

designated patio area’. 

6.5 During mediation the objectors agreed with the use of the patio area for smokers but 

did not agree that drinking should be allowed there. The applicant was adamant that 

she wanted the area licensed as she was concerned that if one of her customers 

‘slipped out’ onto the patio with a drink in their hand she would be breaching her 

licensing conditions. 

6.6 The Sub Committee will now need to consider whether to grant this application as it 

stands or in the light of the representations to refuse the 

application or grant it in a different form. 

6.7 A location plan is attached at Appendix F 

120


1. As relevant representations have been made in respect of the application, this 

hearing must be held. (Relevant representations are about the likely effect of the 

grant of the application on the promotion of the licensing objectives, by any person, 

bodies representing them or responsible authorities). The sub-committee must 

disregard any information or evidence not relevant to the licensing objectives. 

2. The sub-committee must consider this application in accordance with Section 4 of the 

Licensing Act 2003, which requires that licensing functions must be carried out with a 

view to promoting the four licensing objectives. The licensing authority must also 

have regard to its own licensing policy and the Secretary of State’s guidance, but 

may depart from both if it has good reason to do so. Those reasons should be 

stated. 

3. Section 18 of the Act requires the licensing authority to grant a premises licence 

unless it considers additional steps are needed for the promotion of the licensing 

objectives having regard to any relevant representations. 

The steps are: 

(a) to grant the licence subject to: 

(i) the conditions in the operating schedule modified to such extent as 

members consider necessary for the promotion of the licensing 

objectives, and 

(ii) any condition which must under sections 19, 20 or 21 be included in 

the licence; 

(b) to exclude from the scope of the licence any of the licensable activities to 

which the application relates 

(c) to refuse to specify a person in the licence as the premises supervisor 

(d) to reject the application. 

The conditions of the licence are modified if any are altered or omitted or any new 

condition is added. Different conditions may be applied to different parts of the 

premises, and to different licensable activities. The sub-committee must give its 

reasons for its decision to take any of these steps. Similarly, if any part of an 

application is rejected, the sub-committee must give its reasons. 

4. The Act requires mandatory conditions to be imposed where supplying alcohol or 

exhibiting films are approved as licensed activities. It also requires a mandatory 

condition to be imposed where door supervisors or other individuals carrying out 

security activities are conditions on the licence. 

(a) Section 19 - Mandatory conditions relating to the supply of alcohol – not 

required 

1. (a) There shall be no sale or supply of alcohol when there is no 

designated premises supervisor in respect of this premises licence or 

at a time when the said premises supervisor does not hold a personal 

licence or when his/her licence is suspended. 

(b) Every supply of alcohol under the premises 

licence must be made or authorised by a person 

who holds a personal licence. 

Source: Section 19 Licensing Act 2003 

121

2. (1) The responsible person shall take all reasonable steps to ensure that 

staff on relevant premises do not carry out, arrange or participate in 

any irresponsible promotions in relation to the premises. 

(2) In this paragraph, an irresponsible promotion means any one or more 

of the following activities, or substantially similar activities, carried on 

for the purpose of encouraging the sale or supply of alcohol for 

consumption on the premises in a manner which carries a significant 

risk of leading or contributing to crime and disorder, prejudice to public 

safety, public nuisance, or harm to children - 

(a) games or other activities which require or encourage, or are 

designed to require or encourage, individuals to- 

(i) drink a quantity of alcohol within a time limit (other than to 

drink alcohol sold or supplied on the premises before the 

cessation of the period in which the responsible person is 

authorised to sell or supply alcohol), or 

(ii) drink as much alcohol as possible (whether within a time limit 

or otherwise); 

(b) 

provision of unlimited or unspecified quantities of alcohol free or 

for a fixed or discounted fee to the public or to a group defined by 

a particular characteristic (other than any promotion or discount 

available to an individual in respect of alcohol for consumption at 

a table meal, as defined in section 159 of the Act); 

(c) provision of free or discounted alcohol or any other thing as a 

prize to encourage or reward the purchase and consumption of 

alcohol over a period of 24 hours or less; 

(d) 

provision of free or discounted alcohol in relation to the viewing 

on the premises of a sporting event, where that provision is 

dependent on- 

(i) the outcome of a race, competition or other event or process, 

or 

(ii) the likelihood of anything occurring or not occurring; 

(e) selling or supplying alcohol in association with promotional 

posters or flyers on, or in the vicinity of, the premises which can 

reasonably be considered to condone, encourage or glamorise 

anti-social behaviour or to refer to the effects of drunkenness in 

any favourable manner. 


3. The responsible person shall ensure that no alcohol is dispensed directly 

by one person into the mouth of another (other than where that other 

person is unable to drink without assistance by reason of a disability). 


4. The responsible person shall ensure that free tap water is provided on 

request to customers where it is reasonably available. 


5. (1) The premises licence holder shall ensure that an age verification 

policy applies to the premises in relation to the sale or supply of 

alcohol. 

(2) The policy must require individuals who appear to the responsible 

person to be under 18 years of age (or such 

older age as may be specified in the policy) to 

produce on request, before being served 

alcohol, identification bearing their photograph, 

date of birth and a holographic mark. 


122

6. The responsible person shall ensure that- 

(a) where any of the following alcoholic drinks is sold or supplied for 

consumption on the premises (other than alcoholic drinks sold or 

supplied having been made up in advance ready for sale or supply in 

a securely closed container) it is available to customers in the 

following measures- 

(i) beer or cider: ½ pint; 

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and 

(iii) still wine in a glass: 125 ml; and 

(b) customers are made aware of the availability of these measures. 


(b) 

(c) 

Section 20 - Mandatory condition relating to exhibition of films – Not 

required 

Children may only be admitted to films in accordance with the classification 

recommendations of the British Board of Film Classification, or as 

recommended by the licensing authority. 

Section 21 - Door Supervision 

Where door supervisors are specified by condition, those individuals must be 

licensed by the SIA. 

5. The sub-committee will need to consider the hours of operation proposed in relation 

to the licensable activities in the light of the promotion of the licensing objectives, the 

effectiveness of the operating schedule proposed by the applicant, the 

representations received, the location of the premises in relation to residential and 

other commercial properties including other licensed premises, the history of the 

management of the premises and how it is proposed to be run in the future, the 

evidence produced of any problems in the past, and the likely impact of any 

extension of hours and activities. These issues, and any other relevant ones, may be 

explored at the hearing. 

6. Human Rights Act 1998 

6.1 The sub-committee must also have regard to the provisions of the Human Rights Act 

1998 when determining this application. The 1998 Act made the European 

Convention of Human Rights directly enforceable in British courts. The relevant 

provisions are Article 6 (right to a fair trial), Article 8 (right to respect for private and 

family life), Article 11 (freedom of association) and Article 1 of the First Protocol (right 

to peaceful enjoyment of one’s possessions). These provisions are explained below. 

Essentially, they require the sub-committee to identify correctly the competing 

interests, give each appropriate weight in the circumstances of the case, and balance 

them against each other in order to arrive at a fair and reasonable decision. 

6.2 Under Article 6, “everyone is entitled to a fair and public hearing within a reasonable 

time by an independent and impartial tribunal established by law”. The procedures 

established by this Council for hearings under the Licensing Act 2003 are compliant 

with Article 6. 

6.3 Under Article 8, “everyone has the right to respect for his 

private and family life, his home and his correspondence”. 

This right may not be interfered with except in accordance with 

the law and as may be “necessary in a democratic society in 

the interests of national security, public safety or the economic 

well-being of the country, for the prevention of disorder or 

123

crime, for the protection of health or morals, or for the protection of the rights and 

freedoms of others”. In Licensing Act cases this means that the sub-committee must 

have regard to the effect of its decisions on local residents, and balance their 

interests against those of the public at large (e.g. the customers of the premises 

under consideration) and the people operating the business from the premises. 

6.4 Under Article 11, “everyone has the right to freedom of peaceful assembly and to 

freedom of association with others” except where it is lawful to restrict that freedom in 

the interests of national security or public safety, for the prevention of disorder or 

crime, for the protection of health or morals or for the protection of the rights and 

freedoms of others”. In Licensing Act cases this means, for example, that the subcommittee 

is entitled to impose conditions to ensure that patrons of licensed 

premises do not unreasonably disturb others living or working nearby. Again, the 

sub-committee should balance the competing interests. 

6.5 Article 1 of the First Protocol (that is, the first amendment to the Convention) says 

that every natural or legal person (meaning a human being or a company) is entitled 

to peaceful enjoyment of his possessions, except where the law provides for 

restrictions on that right in the public interest. This means, for example, that it is 

compliant with the Convention to impose restrictions, such as those provided in the 

Licensing Act 2003, upon business premises where it is in the public interest to do 

so. On the other hand the same applies to the owners and occupiers of neighbouring 

premises. 

7. Appeals 

If the sub-committee imposes conditions on the licence with which the applicant 

disagrees, or modifies the licensable activities permitted or refuses to specify a 

person a designated premises supervisor, he or she may appeal within 21 days of 

notification of the decision to the Magistrates’ Court. The applicant may also appeal 

if an application for a premises licence is rejected. Those making relevant 

representations may appeal if they believe that the licence should not have been 

granted, or that, when granting the licence, the licensing authority ought to have 

imposed different or additional conditions or excluded a licensable activity or refused 

to specify a persona as designated premises supervisor. The magistrates’ court may 

dismiss the appeal, or substitute its own decision, or send back the case to the 

licensing authority with directions as to how the case is to be dealt with. The 

magistrates’ court may make any costs order it thinks fit. 

8. Review Provisions 

If extended hours/licensable activities are granted, the Licensing Act contains review 

provisions which enable any person, bodies representing them or any of the 

responsible authorities to apply to this licensing authority for a review of the licence. 

A hearing follows which enables the sub-committee to use the normal powers at a 

hearing (set out above) but also to suspend the licence for a period of up to three 

months or to revoke it. 

9. Police Closure 

A senior police officer may close any premises for 24 hours (this can be extended) 

where s/he reasonably believes there is or is likely imminently to be disorder on, or in 

or in the vicinity of the premises and their closure is necessary 

in the interests of public safety. Closure can also be affected if 

public nuisance is being caused by noise coming from the 

premises and closure of the premises is necessary to prevent 

that nuisance 

124


Details of financial implications shown in the main body of this report. 

Appendices 

Appendix A – Table showing current times and licensable activities. 

Appendix B – Copy of licensing application. 

Appendix C – Copy of current premises licence – PLWA0265 

Appendix D – Details of representations received. 

Appendix E – Details of responses to the notice of hearing. 

Appendix F – Location Plan 

Background Papers. 

Licensing Application dated 14 October 2013 

The District Council’s Statement of Licensing Policy 

Amended S. 182 Guidance of the Licensing Act 2003 

Neil McDonald 


Licensing & 

Enforcement Sub 

Committee 


125

Appendix A 

Goa Spice – PLWA0265 – Current Timings 

Monday 

Tuesday 

Wednesday 

Thursday 

Friday 

Saturday 

Sunday 

Bank Holiday 

Weekend – 

Friday to 

Monday 

Designated 

Public 

Holidays 

during 

Christmas & 

New Year 

E) 

Live Music 

- Indoors 

10:00am- 

12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


1:00am 


1:00am 

I) 

Late Night 

Refreshment 

– Indoors & 

Outdoors 

11:00pm- 

12:30am 

11:00pm- 

12:30am 

11:00pm- 

12:30am 

11:00pm- 

12:30am 

11:00pm- 

12:30am 

11:00pm- 

12:30am 

11:00pm- 

12:30am 

11:00pm- 

1:30am 

11:00pm- 

1:30am 

J) 

Supply of 

Alcohol - on 

& off the 

premises 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


12 Midnight 


1:00am 


1:00am 

L) 

Hours premises 

are open to the 

public 


12:30am 


12:30am 


12:30am 


12:30am 


12:30am 


12:30am 


12:30am 


1:30am 


1:30am 

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

APPENDIX E 

Goa Spice – Responses to Notice of Hearing 

Applicant 

Tammy Louise Dyer, Willow Bank, Maer Lane, Exmouth, Devon, EX8 1NT 


Attending 

Yes 


Supporting documents Yes 

Letter answering points made by Mr Olivier Francois Leon Guyard- 

Mulkerrin & Sheila Guyard-Mulkerrin & Exmouth Town Council 


Responsible Authorities & Interested Parties 

1. Oliver Francois Leon Guyard-Mulkerrin, 9 Tower Street, Exmouth, EX8 1NT 


Attending 

Yes 


N/a 




Disorder 

I believe if outside drinking is permitted it will spill out onto the street as it 

is unlikely to be able to confine it to area requested. The licence holder 

has been unable to prevent disorder on her other premises. 

Public Safety 

As people are likely to encroach onto the street this will become a public 

safety issue because it is a narrow street and people will struggle to get 

through. There is likely to be an increase of traffic/taxis. 


Nuisance 

Protection of children from 

harm 

Drinking throughout the day will increase the likelihood of drunks being a 

public nuisance. Binge drink by offering cheap drinks “all day every day” 

will create a public nuisance. 

Tower Street has little traffic flow and therefore many families use this 

area to get from town to beach. There are various groups in church next 

to 5 Tower Street including a toddler group. Many families who children 

attend the Beacon School use it. I do not think it is appropriate for 

children to see people drinking outside all hours of the day. 

2. Sheila Guyard-Mulkerrin, 9 Tower Street, Exmouth, EX8 1NT 


Attending 

Yes 


N/a 




Disorder 

Public Safety 

I believe if outside drinking is permitted it will spill out onto the street as it 

is unlikely to be able to confine it to area requested. The licence holder 

has been unable to prevent disorder on her other premises. 

As people are likely to encroach onto the street this will become a public 

safety issue because it is a narrow street and people will struggle to get 

through. There is likely to be an increase of traffic/taxis. 

160


Nuisance 


harm 

APPENDIX E 

Drinking throughout the day will increase the likelihood of drunks being a 

public nuisance. Binge drink by offering cheap drinks “all day every day” 

will create a public nuisance. 

Tower Street has little traffic flow and therefore many families use this 

area to get from town to beach. There are various groups in church next 

to 5 Tower Street including a toddler group. Many families who children 

attend the Beacon School use it. I do not think it is appropriate for 

children to see people drinking outside all hours of the day. 

3. Exmouth Town Council, The Town Hall, St Andrews Road, Exmouth, 

EX8 1AW 


Attending 

Yes 


Councillor Eileen Wragg, 91 Victoria Road, Exmouth, EX8 1DR 

Cllr Eileen Wragg will represent Exmouth Town Council following her 

attendance at the mediation meeting. 




Disorder 

Public Safety 

No 

Yes 


Nuisance 


harm 

Exmouth Town Council wish to object on the grounds of anti-social 

behaviour and the increased noise and inconvenience to the nearby 

residents, particularly adjoining properties and businesses in the area 

from outside patio area. 

161

162

10 December 2013 - East Devon District Council

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